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Can I claim ex-spouse Social Security benefits at 62 and switch to my own record later?

I've been divorced for about 5 years now after a 20-year marriage. Never remarried. I'm turning 62 next fall and trying to figure out my best Social Security strategy. My ex always made substantially more than me (I took several years off to raise our kids), so his benefit amount would be higher than mine. I was wondering if I could claim divorced spousal benefits when I turn 62, then later switch to my own retirement benefits once I reach 67 or 70? That way I'd get some income earlier but still let my own benefit grow? Someone at church mentioned this strategy but when I tried reading about it online I got confused about whether this is still allowed or if they changed the rules. Does anyone know if this "claim now, switch later" approach still works for divorced spouse benefits? And would there be any reduction if I start the spousal benefit at 62 rather than waiting?

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19 comments

FireflyDreams

•10d

Unfortunately, that strategy is no longer available for most people. The rules changed with the Bipartisan Budget Act of 2015. Now when you file for any benefit, you're deemed to be filing for all benefits you're eligible for (called deemed filing), and you'll get whichever is higher. The only people who can still do the strategy you described are those born before January 2, 1954. Since you're turning 62 next fall, you were born after that cutoff date. Your options are: 1. Take reduced benefits (both your own and divorced spousal) as early as 62 2. Wait until your Full Retirement Age (probably 67) for full benefits 3. Wait until 70 for maximum benefits on your own record The divorced spousal benefit is capped at 50% of your ex's PIA (Primary Insurance Amount) at your Full Retirement Age, and would be reduced if taken before your FRA.

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Javier Morales

•10d

The previous poster is correct about the law change. I'd suggest you create a my Social Security account online at ssa.gov if you haven't already and check your own projected benefit amounts at different ages. Then you can make a more informed decision. One thing to know: if your own benefit would eventually be higher than the spousal benefit, it might make sense to just wait. The divorced spousal benefit is maxed at 50% of your ex's full benefit amount and doesn't increase after your Full Retirement Age, while your own benefit grows 8% per year until age 70 if you delay.

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Malik Thompson

•10d

The whole Social Security claiming strategy world changed dramatically with that 2015 law. It eliminated several smart claiming strategies that used to be available. One thing to consider: Even though you can't do the "claim now, switch later" approach anymore, you're still entitled to either your own benefit or up to 50% of your ex's benefit (whichever is higher) as long as: - You were married at least 10 years (you were - 20 years) - You're currently unmarried (you are) - Your ex is at least 62 (you didn't mention his age) If your ex hasn't filed for his own benefits yet but is over 62, you can still claim on his record as long as you've been divorced for at least 2 years.

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CosmicVoyager

•10d

I went through the exact same nightmare last month! After days of trying to reach SSA, I found this service called Claimyr (claimyr.com) that got me connected to a real SSA agent in about 20 minutes instead of waiting on hold forever. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Worth every penny for complicated questions like this where you really need to speak with someone who knows what they're talking about. The agent I got was super knowledgeable about divorced spouse benefits and cleared everything up for me.

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Javier Morales

•10d

One important thing that hasn't been mentioned yet - even though you can't do the "claim now, switch later" strategy, it's still important to compare the numbers carefully. The math can sometimes be surprising. For example, if your ex's PIA (Primary Insurance Amount) is $3,000, then your maximum spousal benefit would be $1,500 at your Full Retirement Age. If you claim at 62, it would be reduced to approximately $1,050. If your own benefit at FRA is $2,250 as you mentioned, and you claim at 62, it would be reduced to approximately $1,575. In this scenario, your own reduced benefit at 62 ($1,575) would still be higher than the reduced spousal benefit ($1,050), so you'd get your own. However, if you wait until 70, your own benefit would grow to around $2,790, which is significantly more than the spousal benefit could ever be. For most people in your situation, either claim everything early (if you need the money now) or wait until 70 for your own benefit (if you can afford to wait) makes the most sense.

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Oliver Weber

•10d

Thanks everyone for all the helpful information! So if I'm understanding correctly: 1. I can't do the "claim spousal first, then switch to my own later" strategy because I was born after 1954 2. When I file (at any age), I'll automatically be applying for both benefits and get the higher amount 3. If I claim at 62, both amounts would be permanently reduced 4. My best options are either claim everything early if I need the money, or wait until 70 if I can afford it I think I'm going to talk to a financial advisor who specializes in Social Security before making my final decision. This is too important to get wrong!

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