Can I claim Social Security at 60 while waiting for full survivor benefits at FRA? Complicated ex-spouse situation
My ex-husband (married 22 years) has some serious health issues, and though I hate to think about it, I need to understand my options if he passes away before either of us reach full retirement age. I'm currently 60 and he's 61 - both of us have continued working. He's always been in tech management with earnings at or above the maximum taxable amount, while I've had a more modest income working in education. If he were to pass away before reaching his full retirement age (which would be 67), could I claim my own retirement benefit at 62 and then switch to the higher survivor benefit when I reach my FRA at 67? Or would taking my own benefit early permanently reduce my survivor benefit? I've tried reading the SSA website but the survivor rules for divorced spouses are making my head spin. I just want to make sure I'm not making a mistake that costs me thousands in the long run. And I want to be crystal clear - I'm just trying to plan financially! Not wishing anything bad to happen!
20 comments
Caden Turner
Yes, you absolutely can do this! It's one of the few remaining strategies after the 2015 rule changes. If your ex-husband passes away, you could claim your own reduced retirement benefit at 62 and then switch to an unreduced survivor benefit at your FRA (67). The survivor benefit would NOT be reduced because you took your own benefit early. This works specifically because survivor benefits and retirement benefits are in different "buckets" according to SSA rules. Just make sure you explicitly tell SSA you're filing ONLY for retirement benefits when you apply at 62, not survivor benefits.
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Clarissa Flair
•Thank you so much! That's a relief to hear. So to be clear - even though my ex might pass away before reaching his FRA, I'd still get his full benefit amount when I claim survivor benefits at 67?
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McKenzie Shade
my sister did something like this after her husband died. she got her own benefit at 63 and switched to the survivor at 66 (her FRA). the SSA rep told her it was smart but lots of people dont know about it and miss out on $$$$.
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Harmony Love
•But isn't there some rule where they make you take the higher benefit immediately? I thought they automatically gave you whichever was higher and you couldn't choose???
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Rudy Cenizo
There's a crucial detail missing in previous replies. If your ex-husband passes away at 61 or 64 or any age before his FRA, his survivor benefit will be reduced based on how early he died relative to his FRA. This is called the RIB-LIM rule (Retirement Insurance Benefit Limitation). So while YOUR survivor benefit won't be reduced for claiming your retirement early, the amount you'd receive at 67 would be reduced because HE died before his FRA. You can still do the strategy of taking your own at 62 and switching to survivor at 67, but understand that his early death would impact the final amount somewhat. It's still typically better than taking survivor benefits early though.
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Clarissa Flair
•Oh that's important information! So there would be SOME reduction based on how early he passes away, but I can still avoid further reductions by waiting until my FRA to claim the survivor benefit. I'll have to factor this into my planning. Thank you!
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Natalie Khan
My condolences on your ex's health issues. I went through something similar and the stress of trying to figure this all out while dealing with emotions was overwhelming. Have you tried calling SSA directly? I spent WEEKS trying to get someone on the phone who could explain my survivor options clearly.
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Clarissa Flair
•I haven't tried calling yet. I figured I should get some basic information first. But hearing that it took you weeks to get through is discouraging.
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Daryl Bright
After spending hours trying to reach SSA about my own survivor benefit situation last month, I finally tried Claimyr (claimyr.com) and got through to SSA in under 20 minutes. They have this system that navigates the phone tree and waits on hold for you, then calls when an agent is on the line. Saved me hours of frustration. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU For something this important, I'd definitely recommend speaking directly with an SSA representative because survivor benefits with divorced spouse situations have a lot of specific rules. The agent I spoke with was able to look at my actual earnings record and give personalized advice.
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Clarissa Flair
•Thanks for the recommendation. You're right that I should probably talk to someone at SSA directly. I'll check out that service - anything to avoid spending hours on hold!
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Sienna Gomez
DONT TRUST ANYTHING SSA TELLS YOU ON THE PHONE!!!! I got told THREE different things by three different people about my survivors benefits after my husband died. One told me to apply right away at 60, another said wait till 62, the third said wait till FRA. They dont know what there talking about half the time!!!
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Rudy Cenizo
•This is unfortunately true sometimes. If you do call SSA, make sure to take detailed notes including the representative's name and direct ID number. Ask for written confirmation of any advice specific to your situation. And if something doesn't sound right, politely thank them and call back to speak with someone else to verify the information.
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Harmony Love
Wait I'm confused... You said he's your ex-husband? Can you even get survivor benefits from an ex? I thought that was only for current spouses?
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Caden Turner
•Yes, you can receive survivor benefits on an ex-spouse's record if: 1. The marriage lasted at least 10 years 2. You are currently unmarried (or remarried after age 60) 3. You are at least 60 years old (or 50 if disabled) The OP mentioned they were married for 22 years, so they definitely qualify under the 10-year rule.
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McKenzie Shade
did anyone else notice the OP says shes 60 in the post but then talks about claiming at 62? little confusing
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Clarissa Flair
•Sorry for the confusion! I'm 60 now, but I'm planning ahead for what I might do when I turn 62, which is the earliest I could claim retirement benefits.
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Caden Turner
Another important consideration: Since you mentioned your ex-husband was a high earner and you worked in education, have you checked if you might be subject to the Windfall Elimination Provision (WEP) or Government Pension Offset (GPO)? If you receive a pension from work not covered by Social Security (like some public school systems), it could affect your benefits.
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Clarissa Flair
•Thankfully I don't have to worry about WEP or GPO. I worked at private schools, not public, so all my earnings were covered by Social Security.
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Natalie Khan
I just want to say its really smart that your planning ahead like this. When my husband passed suddenly I was completely unprepared for all the complex benefit decisions and probly made some costly mistakes. Wishing you and your ex the best!!
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Clarissa Flair
•Thank you for your kind words. I'm sorry for your loss and appreciate you sharing your experience. It's helping me be better prepared.
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