Can I claim ex-spouse Social Security benefits at 62 while delaying my own until FRA?
Getting close to retirement age and trying to maximize my SS benefits! I've been divorced twice (marriages lasted over 10 years each). Both ex-husbands are 5-7 years older than me. I'm wondering about this strategy: could I file for ex-spouse benefits when I turn 62 next year but hold off on claiming my OWN retirement benefits until I reach my full retirement age (66 years, 8 months)? My earnings history is a bit complicated. My first ex and I earned roughly the same income during our marriage. With my second ex, I actually earned more than him most years. Will I still qualify for any ex-spouse benefits in either case? I've heard conflicting things about whether you can still get ex-spouse benefits if you earned more. Mainly trying to figure out if I can get SOME income at 62 while letting my own retirement benefit grow until FRA. Thanks for any advice!
16 comments
GalacticGuru
Unfortunately, the rules changed in 2015 with the Bipartisan Budget Act. You can no longer file for just spousal/ex-spouse benefits while letting your own benefit grow. If you file at 62, you'll be deemed to be filing for ALL benefits you're eligible for - your own retirement and any ex-spouse benefits. The SSA will pay whichever amount is higher, but you can't choose to take only one type. The only people who can still do this strategy were born before January 2, 1954. Since you're turning 62 next year (2026), you missed that cutoff. As for qualifying for ex-spouse benefits at all - yes, you can potentially qualify if the marriages lasted 10+ years. Your benefit would be up to 50% of either ex's full retirement amount (at their FRA). But here's the key: you'll only get ex-spouse benefits if they're higher than your own benefit. Since you earned more than your second husband and about the same as your first, your own benefit will likely be higher anyway.
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Ravi Gupta
•Oh no, I had no idea about that 2015 change! That totally throws off my planning. So basically I'll just get my own retirement benefit regardless? Is there ANY advantage to applying based on either ex-spouse's record, or is that completely pointless in my situation?
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Freya Pedersen
The previous commenter is correct - the deemed filing rule means you can't pick and choose which benefit to take first anymore. But there's another important thing to consider: if you file at 62, you'll get a permanently reduced benefit (about 30% less than waiting until your full retirement age). Since you earned more than one ex and about the same as the other, chances are your own retirement benefit will be higher than either ex-spouse benefit anyway. The 50% of ex-spouse benefit is already less than your own 100% benefit if earnings were similar, plus filing early reduces it further. My advice? If you can afford to wait until your FRA (or even age 70), you'll get a much higher monthly benefit for life. Each year you delay between 62 and 70 increases your benefit by approximately 8%.
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Omar Fawaz
•Wait i'm confused on this... doesnt the ex-spouse rule say you can get up to 50% of THEIR benefit? So if her ex-husbands made more then her over their lifetime, couldnt she potentially get more from the ex-spouse benefit then her own?? I thought thats how it works but maybe im mistaken??
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Chloe Anderson
Let me clarify some confusion here. Yes, you can receive up to 50% of an ex-spouse's benefit IF that amount is higher than your own benefit. But you mentioned you earned roughly the same as your first ex and more than your second ex, so your own benefit would likely be higher than 50% of either of theirs. Here's what happens when you file: 1. SSA calculates your own retirement benefit based on your earnings history 2. SSA calculates any ex-spouse benefits you're entitled to (up to 50% of each ex's FRA amount) 3. You receive whichever amount is HIGHER, not both Also important: unlike survivor benefits, you cannot switch between benefits later. Once you file, you're essentially locked into whichever benefit is higher at that time.
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Ravi Gupta
•Thank you for explaining this so clearly. I guess I was really misunderstanding how this works! Sounds like I should just focus on my own benefit and when to claim it, rather than getting caught up in the ex-spouse rules since they probably won't apply to me anyway.
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Diego Vargas
my sister went through this EXACT thing last year!! she thought she could get her ex's benefit at 62 and then switch but the SSA told her NO WAY. she was so mad because her friend who's older got to do it but the rules changed. its totally unfair they changed the rules on us!!!!
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Anastasia Fedorov
I've been researching this extensively because I'm in a somewhat similar situation. One thing to consider that hasn't been mentioned yet is that you might qualify for survivor benefits if either of your ex-husbands passes away (sadly). Survivor benefits CAN be taken separately from your retirement benefit, even under the new rules. So while you can't take ex-spouse benefits at 62 and switch to your own later, you COULD take your reduced retirement benefit at 62, and then if an ex-spouse passes away later, you could switch to a survivor benefit if it's higher (which it likely would be if they earned the same or more than you). Of course, that's not something you can plan on, but it's a scenario worth knowing about.
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Ravi Gupta
•That's really helpful information I hadn't considered. I definitely don't wish that on either of them, but it's good to understand all the potential scenarios. Retirement planning is so complicated!
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StarStrider
Have you talked to anyone at the SSA directly yet? When I was trying to figure out my benefits last year, I spent WEEKS trying to get through on the phone. Always busy signals or wait times of 2+ hours only to get disconnected! Finally someone told me about Claimyr (claimyr.com) and it was a lifesaver. They got me through to a real SSA agent in about 20 minutes. They have a video on how it works here: https://youtu.be/Z-BRbJw3puU I needed specific answers about my situation that forums couldn't give me, and the SSA agent was able to look at my actual record and give me exact numbers. Totally worth it for making such an important financial decision.
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Ravi Gupta
•I haven't tried calling SSA yet but was dreading it! Thanks for the tip, I'll check out that service. You're right that getting information specific to my exact earnings record would probably be more helpful than general advice.
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Chloe Anderson
One more important point: even though the rules changed in 2015, there's still value in checking whether either ex-spouse's record would give you a higher benefit. The SSA doesn't automatically check all possible benefits unless you specifically mention your ex-spouses when applying. Make sure to provide marriage/divorce information for both ex-spouses when you apply. The SSA will then calculate all potential benefits and pay the highest one. Some people assume the SSA automatically knows about and checks all possibilities, but that's not always the case. Always provide complete information about all marriages lasting 10+ years.
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Diego Vargas
wow i didnt know that! my aunt never told them about her ex husband when she applied and maybe shes missing out on money!!
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Chloe Anderson
•She should contact SSA right away if her marriage lasted at least 10 years and she thinks her ex's benefit might be higher. They can recalculate and if she's eligible for a higher amount, they might be able to adjust her payments going forward. There may even be some limited retroactive benefits possible.
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Omar Fawaz
Has anyone mentioned the earnings test yet?? If you claim at 62 but are still working, they'll deduct $1 from benefits for every $2 you earn above the annual limit ($22,500 in 2025). So if your working and making decent money it might not even make sense to file early anyway! Something to consider if your still employed....
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Ravi Gupta
•That's a great point - I am actually still working part-time as a consultant. I hadn't factored the earnings test into my calculations. Sounds like I might need to rethink my whole strategy!
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