For two spouses older than 70, is there any penalty for a retroactive spousal claim for the wife when the husband has been collecting for more than a year? I read that the spousal benefit can be reduced under certain circumstances for a retroactive claim, but don't know if that's applicable in this case.

Hi,

No, there would be no penalty for choosing the maximum amount of retroactivity allowed. Spousal benefit rates do not get higher if a person waits past full retirement age (FRA) to start drawing them, so if a person applies for spousal benefits after FRA it would always be advantageous to choose the maximum amount of retroactivity. The maximum retroactivity allowed for a spousal claim filed at least 6 months after the claimant reaches FRA is 6 months, but up to 12 months of retroactivity is permitted if the worker on whose record the spousal benefits are claimed is under FRA and is collecting Social Security disability (SSDI) benefits.

Best, Jerry