Can I claim ex-spouse Social Security benefits at 64 then switch to my own at 70?
I'm about to turn 64 and I've been out of the workforce since 2020 due to health issues. My husband (who'll become my ex next year when our divorce finalizes) is 69 and started collecting his Social Security at his full retirement age of 66. We've been married for 35 years, so I know I qualify for ex-spouse benefits even after the divorce. My full retirement age is 67, and my benefit amount at FRA will be about $2,850/month, which is slightly higher than what he gets. I'm trying to maximize my lifetime benefits - could I claim 50% of his benefit now at 64 and then switch to my own higher benefit when I turn 70? Or does that restricted application strategy not work anymore? I've heard conflicting information about this.
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Yara Khoury
Unfortunately, the strategy you're describing (called 'restricted application') is only available to people born before January 2, 1954. If you're 64 now, you were born after that cutoff date. When you file for any Social Security benefit now, you're deemed to be filing for ALL benefits you're eligible for, and you'll receive whichever amount is higher. You can't take spousal benefits now and switch later.
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AstroAlpha
AuthorOh that's disappointing! I had no idea about that 1954 cutoff. So what are my options now? Should I just wait until 70 to get the maximum on my own record?
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Keisha Taylor
my sister tried to do this same thing and SSA told her no way. theres some cutoff date where they changed the rules. sucks because my parents did exactly what ur talking about back in 2010!
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Paolo Longo
This has been one of the most frustrating changes to Social Security rules in recent years!! The "file and suspend" and "restricted application" strategies were GREAT ways for married couples to maximize benefits. I always wonder how many people are leaving THOUSANDS of dollars on the table because they don't understand these complex timing rules. The government knows exactly what they're doing by making this so complicated!
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Amina Bah
The other responses are correct about the restricted application being unavailable to you based on your birth year. Let me break down your options: 1. Take reduced benefits on your own record now at 64 (approximately 86.7% of your FRA amount) 2. Wait until your FRA (67) and take either your full benefit or 50% of your ex's benefit, whichever is higher 3. Wait until 70 to maximize your own benefit with delayed retirement credits (132% of your FRA amount) Since your own benefit at FRA will be higher than 50% of your ex's, option #3 is mathematically optimal if you're in good health and expect to live past about 82. Your monthly benefit at 70 would be around $3,760 versus the reduced amount of about $2,470 if you claimed at 64.
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Oliver Becker
wait i'm confused... can she even get her ex's benefits if she remarries? or does she have to stay single?
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Amina Bah
@confused1955 - You can only receive ex-spouse benefits if you remain unmarried OR your subsequent marriage also ends. If you remarry, you lose eligibility for benefits on your former spouse's record unless your later marriage ends by death, divorce, or annulment.
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AstroAlpha
AuthorThanks for that detailed breakdown! Based on family history, I'll probably live well into my 80s, so waiting until 70 seems to make the most sense. I don't plan to remarry, so that shouldn't be an issue.
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CosmicCowboy
my cousin was in almost EXACT situation last yr!! she tried calling SS for weeks to ask this same question and could NEVER get thru to a real person!! always busy signals or disconnected after waiting HOURS. i told her about this service called Claimyr that got her through to an agent in 20 minutes! check out their video at https://youtu.be/Z-BRbJw3puU - she said it was totally worth it to get a real answer from SSA directly. you can find it at claimyr.com
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AstroAlpha
AuthorThanks for the tip! I've been hesitating calling SS because I've heard the wait times are horrible. I'll check out that service because I really do want to talk to someone official about my specific situation before making any decisions.
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Natasha Orlova
i hate to say it but i think ur overthinking this. just take the money when u need it. all these complicated strategies... who knows if any of us will even be alive at 80?? my neighbor waited till 70 and passed away 4 months later. all that waiting for nothing!!
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Yara Khoury
While that's a valid perspective, it's important to recognize this is highly individual. If someone has longevity in their family and is in good health, waiting can mean tens of thousands more in lifetime benefits. It's insurance against outliving your money. There's no one-size-fits-all answer.
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AstroAlpha
Thank you all for the responses! I think I'm going to try to talk to a Social Security rep directly about my specific situation. Then I'll probably wait until 70 to maximize my benefit since I'm fortunate enough to have some savings to tide me over. It's disappointing that the restricted application strategy isn't available to me, but I appreciate understanding my actual options clearly now.
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Amina Bah
That's a wise approach. One more thing to consider - if your ex passes away before you, you would be eligible for survivor benefits equal to 100% of his benefit amount (or reduced if taken before your FRA). In that unfortunate scenario, you could take the survivor benefit and still switch to your own at 70 if it's higher. Survivor benefits have different rules than spousal/divorced spouse benefits.
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Giovanni Colombo
That's a really important point about survivor benefits that I hadn't considered! So even though I can't do the restricted application strategy, there could still be some flexibility if circumstances change. It sounds like Social Security rules are full of these nuances that aren't obvious. I'm definitely going to ask about survivor benefit scenarios when I talk to SSA - better to understand all possibilities upfront.
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Camila Castillo
One additional consideration for your situation: since you mentioned being out of the workforce since 2020 due to health issues, you might want to explore whether you qualify for Social Security Disability Insurance (SSDI). If approved, SSDI benefits automatically convert to retirement benefits at your full retirement age without any reduction. This could potentially bridge the gap if you're struggling financially while waiting until 70. The application process can be lengthy, but it's worth investigating if your health condition meets SSA's definition of disability. You can apply online or through that Claimyr service mentioned earlier to speak with an agent about eligibility requirements.
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Anderson Prospero
That's a really good point about SSDI! I hadn't even thought about that possibility. My health issues are primarily chronic fatigue and some mobility problems that made it impossible to continue working. I'm not sure if they would meet SSA's definition of disability, but it might be worth exploring since the financial pressure of waiting until 70 is definitely a concern. Do you know if there's a time limit on how long after you stop working you can apply for SSDI?
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Emma Wilson
@Anderson Prospero Yes, there is a time limit! You generally need to apply for SSDI within 5 years of when your disability began or when you last worked whichever (is later .)Since you stopped working in 2020 due to health issues, you re'still well within that window. The key is proving that your condition prevented you from doing substantial "gainful activity -" which for 2024 is earning more than $1,550 per month. Chronic fatigue and mobility issues can definitely qualify if they re'severe enough to prevent you from working any job, not just your previous job. I d'definitely encourage you to look into it since SSDI also comes with Medicare eligibility after 24 months, which could be huge for managing your health conditions.
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