Ask Larry

Can We Still File And Suspend?

I have read two editions of "Get What's Yours" (Social Security) - in view of recent changes to the law, I would like to clarify the point made about being "grandfathered" if older than 62 years of age on Jan. 1, 2016. Both my husband and I were older than 62 on that date.
I will have arrived at a qualifying FRA in October 2018. Does my husband have to apply for his Social Security Retirement benefits prior to my applying for spousal benefits, or can we still file and suspend, due to being older than 62 yrs. on Jan. 1, 2016? Thanks for your help.


You can still file and suspend, but no spousal benefits can be paid on the account of a person who suspends their benefits after April 29 2016 ( So, your husband would have to be drawing his retirement benefits in order for you to receive spousal benefits. Or, vice versa.

You should strongly consider running the maximization software available on this website to determine the best overall filing strategy for you and your husband.

Best, Jerry

Jun 12 2017 - 6:40am
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