The Impact of Early Retirement on Spousal Benefits

early retirement

 

 

To Retire Early or Continue Working?

 

For individuals who retire early and have a Full-Retirement Age (FRA) of 66 (which means they were born between 1943 and 1954) the monthly reduction of benefits for the primary earner and the spouse are significant.

The Social Security Administration (SSA) at their Web site located at http://socialsecurity.gov/OACT/quickcalc/earlyretire.html indicates how the monthly reduction is calculated. If the primary earner’s FRA benefit is $1,000 per month and he (or she) retires at age 62 the reduction is 25 percent ($750 per month). If the spouse also retires at age 62 the reduction of 30 percent. In other words, the $500 (one-half of the primary earner’s benefit) is reduced to $350. Therefore, the primary earner and spouse will receive $1,100 per month.  If the couple had waited until FRA the monthly benefit would be $1,500.

According to the SSA a spouse receives one-half of the retired worker’s full benefit unless the spouse begins collecting benefits before FRA.  If the spouse begins collecting benefits before FRA, the amount of the spouse’s benefit is reduced by a percentage based on the number of months before he or she reaches FRA.

For example, based on the full retirement age of 66, if a spouse begins collecting benefits:

  • At age 65, the benefit amount would be about 46 percent of the retired worker’s full benefit;
  • At age 64, it would be about 42 percent;
  • At age 63, 37.5 percent; and
  • At age 62, 35 percent.

However, if a spouse is taking care of a child who is either under age 16 or disabled and receives Social Security benefits, a spouse will get full benefits, regardless of age.

If you are eligible for both your own retirement benefit and for benefits as a spouse, the SSA will always pay benefits based on your work record first.  If your benefit as a spouse is higher than your retirement benefit, you will receive a combination of benefits equaling the higher spouse’s benefits.

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Act Two: After the Defense of Marriage Act

Gold Wedding Rings

 

Establishing the Next Steps

Recently the Supreme Court ruled that Section 3 of the Defense of Marriage  Act (DOMA) was unconstitutional. This immediately impacted the 13 states that recognize gay marriage.  According to the Wall Street Journal (June 26, 2013) the Williams Institute, a think tank at the University of California, Los Angeles School of Law, estimates that there are approximately 650,000 same-sex couples in the U.S. today — including 114,100 legally married and 108,600 in civil unions or registered domestic partnerships. A representative of the Williams Institute expects that 114,100 additional couples will be eligible for the full-range of Social Security benefits.

Same sex-marriages are legal in California, Connecticut, Delaware, Iowa, Maine, Maryland,  Massachusetts, New Hampshire, New York, Vermont, Washington and Washington, DC. These legally married same-sex couples can immediately include Social Security benefits into their personal finance and retirement planning.   Minnesota and Rhode Island will join this list as of August 1, 2013. The Social Security Administration (SSA) located at www. ssa.gov encourages legally married same-sex couples who think they might be eligible for benefits to immediately apply. Applying now will preserve the filing date, which will be used to determine potential benefits.  According to the SSA they will quickly process claims once they have finalized instructions for their personnel.

Bankrate (July 2013) states that the Social Security retirement benefits for eligible same-sex couples are tremendous. For every $100 dollars of retirement benefits a same-sex couple was denied required saving $24,000 or more to be in the same position at retirement.  (Assuming the $24,000 is a lump sum needed to generate $100 monthly income, with a withdrawal rate of 5 percent.)

Geography Becomes Important

According to the New York Times (July 9, 2013) some government agencies will recognize a legal same-sex marriage only in the state where the couple currently lives (place of domicile/residence). Other states to determine if the same-sex marriage is valid will look to the state where the couple filed their most recent tax return, where they lived when they applied for benefits, or where they were wed.

The New York Times (July 9, 2013) goes on to state that many government entities, such as the Internal Revenue Service (IRS) and Social Security are still  determining how to apply the ruling to legally married same-sex couples. The Justice Department has assembled a special task force to assist.

It is unknown if two men legally married in Maryland but living in Florida, which bans gay marriage, can qualify to receive Social Security spousal benefits. Freedom to Marry has a Web site located at www.freedomtomarry.org/pages/where-state-laws-stand that provides a full breakdown of where state laws stand on same-sex relationships.

Geography could also play a role in divorce. For example, in Pennsylvania an out-of-state same-sex marriage will not be recognized. If the same-sex couple wants to divorce they can’t divorce in Pennsylvania.  However, if the same-sex couple moves to the nearby New Jersey suburbs, the union would be recognized as a civil union. If the same-sex couple moved to Delaware they would have full marriage rights (Bloomberg, June 27, 2012).

There are many more issues that the new ruling will bring forward. For example, will benefits be retroactive? Will Social Security run out of money sooner? For more information about how the DOMA ruling may affect you please contact:

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