Social Security Spousal Benefits Loophole: What Most People Get Wrong

You’ve probably heard some whispers at a dinner party or read a frantic headline about a "secret" way to double your Social Security check. People call it the Social Security spousal benefits loophole. It sounds like one of those financial urban legends, right? Like finding a lost Bitcoin wallet or a tax deduction for your dog.

Honestly, it used to be very real. It was the "holy grail" for married couples. But here’s the thing: the government isn't exactly in the business of leaving doors wide open forever. In 2015, they basically took a sledgehammer to the most famous version of this strategy.

If you’re scouring the internet today, you’re likely seeing a mix of outdated advice and confusing jargon like "deemed filing" or "restricted applications." Let's clear the air. There is still a path to maximizing your money, but the old loophole isn’t what it used to be.

What Was the "File and Suspend" Loophole Anyway?

Before the Bipartisan Budget Act of 2015, couples had a clever trick. One spouse (usually the higher earner) would file for Social Security at their Full Retirement Age (FRA)—let’s say 66—and then immediately "suspend" those payments.

Why on earth would you do that?

Because by "filing," you triggered the eligibility for your spouse to start collecting a spousal benefit. But by "suspending," your own benefit kept growing by 8% every year until you hit 70. It was essentially having your cake and eating it too. The lower-earning spouse got a check every month, while the higher-earning spouse’s future check got bigger and bigger.

Congress saw this and thought, "Wait, that’s not what we intended." They viewed it as a way for well-off couples to "game" the system. So, they closed it.

Now, if you suspend your benefit, everyone else’s benefits based on your record—your spouse, your kids—get suspended too. No more double-dipping.

The Restricted Application: The Loophole That (Barely) Survives

There’s another piece to the puzzle called the restricted application. This allowed you to tell the Social Security Administration, "Look, I’m eligible for my own retirement money AND a spousal benefit. I only want the spousal money for now."

This let your own benefit grow while you lived off the spousal cash.

But there’s a massive catch now. To use this "loophole" in 2026, you basically have to be a certain age. Specifically, you had to be born before January 2, 1954.

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If you were born after that date, you’re subject to "deemed filing." This means the moment you apply for one benefit, the SSA "deems" you to have applied for everything you’re eligible for. They’ll just give you the highest amount you’re entitled to. You don't get to pick and choose to let one grow while spending the other.

Why Divorcees Still Have a "Mini-Loophole"

Interestingly, if you’re divorced, the rules are a bit more flexible. If you were married for at least 10 years and have been divorced for at least two, you can claim a spousal benefit on your ex’s record even if they haven't claimed theirs yet.

The "loophole" here is that your ex doesn't even have to know. Their decision to delay or claim doesn't stop you from getting your share, provided you meet the criteria.

• You must be unmarried (if you remarry, the benefit usually vanishes).
• Your ex must be at least 62.
• The benefit you’d get on your own record must be lower than what you'd get from them.

The 2026 Reality: How to "Hack" the System Now

Since the old-school loopholes are mostly dead for anyone under 72, how do you actually get more money? It’s less about "loopholes" and more about math and timing.

The biggest "hack" left is simply the 8% annual bump. For every year you wait past your Full Retirement Age (until age 70), your benefit increases by 8%. If your FRA is 67 and you wait until 70, that’s a 24% permanent raise. In a world of 2% savings accounts, that 8% guaranteed return is unbeatable.

The Survivor Benefit Strategy

This is the one people often overlook. Survivor benefits are not subject to the same "deemed filing" rules as retirement benefits.

If you are a widow or widower, you can actually choose to take a survivor benefit early (as early as age 60) and let your own retirement benefit grow until age 70. Or, you can do the opposite: take your own reduced retirement benefit at 62 and switch to a full survivor benefit at your FRA.

This is one of the few remaining ways to "switch" between pots of money, and it can add hundreds of thousands of dollars to a lifetime payout.

Actionable Steps to Maximize Your Benefits

Forget searching for a "secret" form. The real gains are made in the planning.

1. Check your birth date. If you were born after Jan 1, 1954, stop looking for the "restricted application" loophole. It’s gone for you. Focus on the 8% delay credits instead.
2. Coordinate with your spouse. If one of you was a significantly higher earner, it almost always makes sense for the higher earner to wait until age 70. This not only maximizes their check but also locks in the highest possible survivor benefit for the person left behind.
3. Use a professional calculator. The SSA’s basic calculator is fine, but tools like MaxiFi or Social Security Solutions (used by pros like Laurence Kotlikoff) can model thousands of scenarios to find the exact month you should both file.
4. Audit your earnings record. Log into mySocialSecurity and make sure every year of work is recorded correctly. A missing year of income from 1994 could be costing you $50 a month for life.
5. Don't forget the tax torpedo. If you have a large 401(k), your Social Security benefits might be taxed. Sometimes claiming slightly earlier or later can shift you out of a higher tax bracket for those benefits.

The "loophole" era might be ending, but the system still rewards those who play the long game. If you can afford to wait, the government literally pays you a premium for your patience.