Could My Husband Withdraw His Application And File For Spousal Benefits Instead?

Category: 
Apr 16 2019 - 10:02am

My husband filed for his benefits 2/2019 at age 66.4. I have not filed yet, I am 62.9. Can I file now and then he withdraws his application, pays back what they gave him and then he reapplies with a restricted application and then assumes his own benefits at age 70?? I cant seem to find the answer to this question. It did not come up when I purchased your program as an option. You only show him suspending his benefits...not withdrawing and starting over. Thank you so much for answering this, Lynn

Hi Lynn,

Yes, since your husband has been drawing his benefits for less than 12 months he could withdraw his application as long as he repays any benefits he's received, and provided that he's never filed for and withdrawn benefits previously (https://www.ssa.gov/planners/retire/withdrawal.html). And, since he was born prior to January 2 1954 and if you file for and start drawing your Social Security retirement benefits, your husband could then file a restricted application for spousal benefits only while allowing his benefits to grow until age 70.

You don't mention whether or not you are still working, but if you apply for your benefits and you earn more than the Social Security earnings test exempt amount (https://www.ssa.gov/planners/retire/whileworking.html), both your benefits and your husband's spousal benefits could be subject to full or partial withholding until you reach your full retirement age (FRA).

I should clarify that I don't have access to our software customer's information, so I don't know the full facts of your case. You should probably double check your options using our software and changing the information in accord with the strategy outlined above in order to make sure that you'd be choosing the best possible option. If you have any questions about use of the software, please submit your questions using an online contact form available in the help menu so that your question can be answered by one of our experts with access to your information.

Best, Jerry