Ask an Advisor: Can I Take My Late Husband's Social Security and Switch to My Benefit at 70?

I am a widow and plan to work until my full retirement age (FRA). However I was wondering if I could draw my late husband’s Social Security benefits at age 67 or 68 and then switch to my own at age 70? I am currently 61 years old and my salary is $150,000. I own a home with no mortgage and I have a 401(k) from my current job and another retirement account from a previous job.

– Felicia

Felicia, I’m sorry for your loss. Yes, you can collect survivor benefits based on your late husband’s earnings and later switch to your own retirement benefit at age 70. This strategy often leads to confusion, especially because survivor benefits are distinct from spousal benefits, which apply when a spouse is still living. The rules work differently, so it’s worth clearing up how they apply in your situation.

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Survivor Benefits vs. Spousal Benefits

Spousal benefits allow someone to claim a benefit on their living spouse’s earnings record. Survivor benefits are what a widow or widower receives from a deceased spouse’s record. There are some notable similarities and important differences between these two types of benefits.

On one hand, both benefits allow you to receive a payment that’s based on your spouse’s record. However, spousal benefits can be as high as 50% of your spouse’s primary insurance amount (PIA)—the amount they would receive at full retirement age. Survivor benefits, however, can be as much as 100% of what the deceased spouse was receiving or was eligible to receive at the time of death, depending on the survivor’s age at the time of claim.

Claiming either benefit before full retirement age reduces the amount received. Also, you cannot collect both your own retirement benefit and a spousal or survivor benefit at the same time. Instead, you receive the higher of the two.

(For additional help planning for or managing Social Security benefits, consider working with a financial advisor.)

What is Deemed Filing?

A key distinction in your situation involves a rule known as “deemed filing.” When someone applies for spousal benefits, they are generally treated as having also filed for their own retirement benefit. But this rule does not apply to survivor benefits.

Deemed filing was expanded under the Bipartisan Budget Act of 2015. Under these rules, if you’re eligible for both your own benefit and a spousal benefit and file for one, you’re automatically considered to have filed for the other. This eliminates the ability to collect one benefit while letting the other grow. Before the change, a common strategy was to file a restricted application for spousal benefits while delaying your own retirement benefit to earn delayed credits—a tactic no longer allowed for those born after January 1, 1954. (While it’s been 10 years since this change, some people still bring up those old strategies occasionally.)

In other words, you can’t claim a spousal benefit at age 67 while your own retirement benefit continues to earn delayed filing credits until you turn 70 and then switch to the higher benefit.

The point of discussing this here is to clarify that this does not apply to your situation. You are talking about survivor benefits, which are not subject to deemed filing rules.

So yes, you can claim your survivor benefit at 67 and then wait until you turn 70 to file for your own retirement benefit. The end result is very different than what would happen if this were spousal benefits.

(If you need help finding a financial advisor to assess your options when filing for Social Security, this free tool can connect you with fiduciary advisors who serve your area.)

Bottom Line

A surviving spouse can claim Social Security survivor benefit without affecting their own retirement benefit, which is based on their earnings record. The Bipartisan Budget Act of 2015 significantly limited switching strategies, but it did not change the rules for survivor benefits. You can still claim a survivor benefit without affecting your own retirement benefit. By delaying your own benefit, you could receive a significant boost.

Social Security Planning Tips

A financial advisor can help you plan for Social Security based on your unique financial situation and needs. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with vetted financial advisors who serve your area, and you can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
Before you make a decision on when to claim your benefits, it’s important to evaluate your income needs and estimate of how much your benefits could be worth at different claiming ages. SmartAsset’s Social Security Calculator uses your earnings and age to project the value of your benefits, whether you collect them at 62 or wait until 70.

Brandon Renfro, CFP®, is a SmartAsset financial planning columnist and answers reader questions on personal finance and tax topics. Got a question you’d like answered? Email AskAnAdvisor@smartasset.com and your question may be answered in a future column.

Please note that Brandon is not an employee of SmartAsset and is not a participant in SmartAsset AMP. He has been compensated for this article. Some reader-submitted questions are edited for clarity or brevity.