Ask Larry

If A Married Couple Files Taxes Separately Is There Still A Income Threshold For Determining If Your Social Security Benefits Are Taxable?

My husband was planning on applying for Social Security next January 2022 when he turns 68. This would allow him to apply for a retirement program in Belize since he would then have a guaranteed income over the requirement for QRP in Belize.I am 14 years younger and planned on continuing to work remotely for at least a year. I make 67k-72k a year. We recently learned that if he takes his Social Security and I continue to work that we will be over the married limit of $44,000 in income a year and that his Social Security will then be subject to taxes... up to 85% . I have seen ambiguous postings on the Internet that if you Are married and file jointly that you’ll be subject to this taxing since you are over $44,000. I have not found any information that indicates if you’re married and file separately that the Still applies. I am assuming that it does still apply even if we did file separately.

I see the following two options if everything I’ve written above is correct. My husband should apply for QRP with the bare minimum financial requirement, Not apply for his Social Security in January 2022, I retain my job, and we still somehow move to Belize. The following year I can then quit he can claim his Social Security and then I start getting my police pension.

The second option I see is that we divorce and just live together happily ever with all of her Social Security. I’m really sad that it looks like been divorced is more financially advantageous to both of us.

Hi. Members of a couple who file jointly are exempt from paying taxes on their Social Security benefits If their combined income is below $32,000. However, if you're married and if you file taxes separately, there is no exemption on income. In other words, members of a couple can't exempt their benefits from taxation by filing separately (https://www.ssa.gov/benefits/retirement/planner/taxes.html).

My expertise is limited to Social Security benefits, so I can't offer you any tax advice. Depending on your circumstances though, it's possible that a divorce could potentially have an adverse effect on your ability to collect spousal or survivor benefits. You should do a lot of research before you consider going down that road.

Best, Jerry

Posted: 
May 25 2021 - 9:37pm
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