Can I claim ex-spouse Social Security benefits at 67 while still working? Never remarried after 10+ year marriage
I just turned 67 last month and I'm trying to figure out if I can claim Social Security benefits based on my ex-husband's record while I'm still working full-time. We were married for 16 years before our divorce in 2008, and I haven't remarried. He's 73 now and I know he started collecting his retirement benefits about 3 years ago. I've held off claiming my own benefits because I'm still working and want to maximize my monthly amount when I finally retire at 70. During our marriage, our incomes varied - I actually earned more than him the first 8-9 years, then we were roughly equal the last 7 years. Does anyone know if I qualify for ex-spouse benefits even though I'm still working? And would this affect my own future benefits in any way? I've tried calling the SSA but gave up after being on hold for over an hour. I'm especially confused since I'm already at my full retirement age. Any advice would be appreciated!
16 comments
Kelsey Chin
Yes, you can absolutely claim ex-spouse benefits! Since you're already past your Full Retirement Age (FRA) of 66 and 2 months, you can receive 50% of your ex's Primary Insurance Amount (PIA) even while working, with no earnings limit. The requirements are: 1) married 10+ years (you were 16), 2) currently unmarried (you are), 3) your ex is entitled to benefits (he is), and 4) you're at least 62 (you're 67). The best part is that collecting ex-spouse benefits now won't affect your own retirement benefit. Since you're past FRA, you can collect the ex-spouse benefit now and switch to your own higher benefit at 70, which will have increased by 8% per year with Delayed Retirement Credits (DRCs). This is called a 'restricted application' strategy - one of the few filing strategies still available after rule changes in 2015. Call SSA and specifically request to file a restricted application for ex-spouse benefits only.
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Vincent Bimbach
•Thank you so much for this detailed information! I had no idea about the 'restricted application' option. So just to be absolutely clear - I can collect the ex-spouse benefit (50% of his) from now until I turn 70, and then switch to my own (which will have grown to its maximum)? That sounds amazing. Will the SSA automatically switch me over at 70 or do I need to file something else then?
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Norah Quay
be careful because if ur income is higher than his the SS office will just put u on your own benefit not his. happened to my sister last yr. she thought she would get ex husband benefit but they said her own was higher so thats what they gave her. they dont tell u this stuff until after u apply!!
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Leo McDonald
•That's not exactly correct in this specific situation. Since the original poster is already at Full Retirement Age (FRA), she CAN choose which benefit to take. This is what's called a restricted application. The SSA will not automatically put her on the higher benefit. What likely happened with your sister is either: 1) She filed before reaching her FRA, in which case the deemed filing rule would force her to take the higher of the two, or 2) She didn't specifically request a restricted application for spousal benefits only. The OP needs to be very clear when filing that she wants ONLY the ex-spouse benefit now and will switch to her own later. It's one of the few advantageous claiming strategies still available to people born before January 2, 1954.
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Jessica Nolan
I went through EXACTLY what you're describing last year! I was 68 and still working, divorced 20 years earlier from a 12-year marriage. I applied for my ex's benefits while still working and it was totally fine. BUT getting through to the Social Security office was a NIGHTMARE!!!! Called for WEEKS and either got busy signals or was on hold for hours only to get disconnected. SO FRUSTRATING!!!!
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Angelina Farar
•I had the same issue with endless hold times when trying to file! I finally tried this service called Claimyr that got me through to a live SSA agent in about 20 minutes instead of waiting hours. It was a lifesaver for my sanity. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU - basically they hold your place in line and call you when they have an agent on the line. Made the whole ex-spouse benefit application process so much less stressful.
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Sebastián Stevens
Doesnt it matter how much you earn? I thought there was a limit to how much you can make while collecting social security.
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Kelsey Chin
•The earnings test only applies to people who collect benefits before reaching their Full Retirement Age (FRA). Since the original poster is 67 and her FRA is 66 and 2 months (based on birth year), she can earn unlimited income while collecting Social Security benefits without any reduction. This is one of the key advantages of waiting until at least FRA to collect any type of Social Security benefit.
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Bethany Groves
This is EXACTLY why the Social Security system is going bankrupt!!!! People who DON'T NEED THE MONEY claiming benefits while still working full time jobs!!!! Meanwhile those of us who actually NEED the system won't have it when our time comes because people are GAMING THE SYSTEM!!!
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Leo McDonald
•This is not gaming the system at all. These are legitimate benefits that people have earned through years of contributions. The ex-spouse benefit exists specifically to protect people (historically women) who may have had lower lifetime earnings due to family responsibilities. Additionally, the poster is simply utilizing existing rules strategically, which is completely within her rights. Social Security's funding challenges are related to demographic shifts (fewer workers supporting more retirees) and wage stagnation, not individuals making smart claiming decisions about benefits they've rightfully earned.
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Bethany Groves
•Oh sure, take her side! She's literally bragging about taking money while she DOESN'T NEED IT! She says she makes good money and is still working!! How is that not gaming the system?? These benefits should be means-tested so only people who actually NEED THEM get them!!
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Vincent Bimbach
Thanks so much for all the helpful replies! I scheduled an appointment at my local SSA office for next week to file the restricted application for ex-spouse benefits. The representative on the phone confirmed everything that was said here about being able to collect on my ex's record now and switch to my own at 70. I'm actually surprised more people don't know about this option. I've mentioned it to a couple friends in similar situations (divorced, over FRA, still working) and they had no idea this was possible either! One more quick question - will my ex be notified that I'm collecting on his record? We're not exactly on friendly terms and I'd rather avoid any unnecessary drama.
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Leo McDonald
Your ex will NOT be notified when you file for benefits on his record. The SSA protects your privacy in these matters. The only information they might verify with him (if needed) would be the marriage dates, but even that's unlikely since they usually already have that information in their systems. Also, it's important to note that your claiming ex-spouse benefits has absolutely no effect on his benefit amount. Many people worry about this, but his payments remain exactly the same regardless of whether you claim on his record or not. And you're right that many people don't know about this option. The restricted application strategy is only available to people born before January 2, 1954, so it won't be an option for much longer as that population ages.
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Vincent Bimbach
•That's a relief about my ex not being notified. And I had no idea this option was only available to people born before 1954! I was born in 1956, so I'm glad I asked about this now rather than waiting any longer. Thanks again for all the helpful information.
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Norah Quay
what happens if ex husband dies? do u get survivors benefits or stay with the 50%?
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Kelsey Chin
•Good question! If the ex-husband passes away, the benefit would actually increase. As an ex-spouse, you'd be eligible for the same survivor benefits as a current spouse, which means you could receive up to 100% of what he was receiving (rather than the 50% for ex-spouse benefits). However, the same rule applies about taking the higher of your own benefit or the survivor benefit. So at age 70, if the OP's own benefit is higher than the survivor benefit would be, she would still switch to her own benefit.
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