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Level 2
posted Jul 26, 2023 10:31:06 AM

Spouse's social security or MINE

I am entitled to 50% of my spouse's SS monthly income or 100% of mine, what if he's already drawing Social Security benefits?

1 2 781
2 Replies
Employee Tax Expert
Jul 26, 2023 10:43:03 AM

Hello @tx2024 

Thank you so much for joining us today!  
Per the Social Security Website:
Your full spouse’s benefit could be up to 50 percent of your spouse’s full retirement age amount if you are full retirement age when you take it. If you qualify for your own retirement benefit and a spouse’s benefit, we always pay your own benefit first.  You cannot receive spouse’s benefits unless your spouse is receiving his or her retirement benefits (except for divorced spouses). If you took your reduced retirement first while waiting for your spouse to reach retirement age, when you add spouse’s benefits later, your own retirement portion remains reduced which causes the total retirement and spouses benefit together to total less than 50 percent of the worker’s amount. You can find out more on our website.

Your spouse actually needs to be drawing it in order for you to draw it. 
Here is the link for additional information:  https://blog.ssa.gov/understanding-spouses-benefits/#:~:text=Your%20full%20spouse's%20benefit%20could,pay%20your%20own%20benefit%20first. 

 

Please let me know if you have any other questions, I want to be sure your question is answered thoroughly.

Expert Alumni
Jul 26, 2023 10:46:24 AM

Here's a great link that offers information for applying for Spouses SS

 

Apply for spouses social security 

 

After providing SSA with proof of legal entitlement to spouses social security, I would think the benefits would then be equally divided. However, Social Security Administration would make the final decision.