Can I claim ex-spouse Social Security benefits at FRA then switch to my own at 70?
I've been divorced for about 3 years now and trying to figure out my Social Security strategy. My ex-husband started collecting his retirement benefits a few years ago. I'm currently past my full retirement age (66 and 8 months) but haven't filed for benefits yet. I've heard I might be able to claim 50% of his benefit amount now as a divorced spouse, then switch to my own higher benefit when I turn 70. Is this actually possible? We were married for over 20 years if that matters. I'm concerned that if I claim the ex-spouse benefit now, I'll be stuck with it forever and can't switch to my own later. Anyone have experience with this kind of situation? The SSA website is so confusing about the switching strategies!
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Dananyl Lear
Yes, you absolutely CAN do this! Since you're already past your Full Retirement Age (FRA) and haven't claimed any benefits yet, you're in an ideal position for this strategy. You can file a "restricted application" for just your divorced spousal benefits now (50% of his FRA amount) and then switch to your own retirement benefit at age 70 when it will be maximized with delayed retirement credits (32% increase over your FRA amount). The marriage requirement is 10+ years, and you've well exceeded that. This is one of the few remaining "claim now, claim more later" strategies after the 2015 law changes. Just make sure when applying that you're ONLY applying for divorced spouse benefits and not your own retirement.
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Lim Wong
•Thank you so much for this clear explanation! When I go to the Social Security office, is there specific language I should use to make sure they understand I only want the divorced spouse benefit now? I'm worried they'll automatically enroll me in my own benefits too.
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Noah huntAce420
Wait just a minute!! I tried doing exactly what you're describing last year and got DENIED!! The SSA representative told me that the "restricted application" was eliminated by Congress in 2015 for most people. They said if you were born after January 1, 1954, you CANNOT file for just one benefit - they automatically give you whichever is higher (your own or the spousal) and you're STUCK with that forever!!! Don't get your hopes up without checking your birth date eligibility for this!!!
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Dananyl Lear
•You're partially right, but there's a critical distinction here. The restricted application strategy was indeed eliminated for people born after January 1, 1954. But the OP mentioned being past FRA now (which in 2025 means they were born in 1958 or earlier), so they were likely born BEFORE 1954, making them eligible to use this strategy. That's why I mentioned it would work in their specific case. For younger people (born after 1/1/1954), you're correct - they're automatically given the higher benefit and can't switch later.
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Ana Rusula
just wanted to add that my sister did this exact thing 2 years ago and it worked great for her! she got her ex's benefit while letting her own grow and the SSA had no problems with it, just make sure you talk to someone who KNOWS the rules cuz some of those ppl dont know what theyre talking about lol
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Fidel Carson
Not to throw a wrench in your plans, but make sure your ex-husband is actually receiving his retirement benefits and not SSDI. The rules are different for disability-based benefits versus retirement benefits when it comes to ex-spouse claims. Also, there's a specific calculation for the divorced spouse benefit - it's the greater of either 50% of your ex's full retirement age benefit OR your own retirement benefit. If your own benefit is already higher than half of his, claiming the divorced spouse benefit won't help you. Do you know how your benefit compares to his?
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Lim Wong
•That's a good point I hadn't considered. He is definitely on retirement benefits, not disability. Based on my last Social Security statement, my benefit at my FRA would be about $2,400/month and will be around $3,160 at age 70. I think his benefit at FRA was around $2,800, so half would be $1,400. So it seems like the strategy would work in my case since his 50% is less than my age 70 amount but more than zero while I wait!
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Isaiah Sanders
Im in the eXACT same boat as you!!! Was married 22 yrs, divorced 4 yrs ago, and im turning FRA next month!!! Following this thread for advice too!!! Did you already try calling SSA? Ive been trying for WEEKS and cant get thru!!!!!
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Xan Dae
•I had the same problem trying to reach SSA about my divorced spouse benefits. After getting disconnected multiple times, I found a service called Claimyr (claimyr.com) that got me connected to a real person at SSA in under 10 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. It was such a relief to finally get my questions answered directly instead of guessing based on the website. The agent I spoke with confirmed that since I was born before 1954, I could do the restricted application for ex-spouse benefits and then switch to my own at 70.
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Fiona Gallagher
Be careful with the advice you're getting here. The rules changed in 2015 with the Bipartisan Budget Act. You need to have been born before January 2, 1954 to be eligible for this strategy (filing a restricted application). If you were born after that, you can't do the strategy you're describing. How old are you exactly?
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Lim Wong
•I was born in December 1953, so I think I just make the cutoff based on what everyone is saying! I'm really glad I asked this question - I had no idea the rules changed in 2015 or that my birth year would matter so much.
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Dananyl Lear
Based on your December 1953 birth date, you're definitely eligible for the restricted application strategy! Here's what you need to do: 1) Call and make an appointment with SSA (or use the online application), 2) Specifically state you want to file a "restricted application for divorced spouse benefits only," 3) Make sure to tell them you do NOT want to file for your own retirement benefits at this time, 4) Bring your divorce decree and marriage certificate to prove the 10+ year marriage, 5) Calendar a reminder to apply for your own retirement benefits just before turning 70. With your benefit amounts, this strategy will give you about $1,400/month for the next few years, then $3,160/month for the rest of your life after 70 - a great financial move!
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Lim Wong
•Thank you SO much for this detailed plan! I feel much more confident now. I'm going to make an appointment next week and will use exactly the language you suggested. I really appreciate everyone's help with this confusing topic!
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Fidel Carson
One more important detail - you mentioned you've been divorced for about 3 years, which is perfect. For divorced spouse benefits, you must be unmarried OR if you remarried, you can only get benefits on your ex's record if your current marriage happened after you turned 60. Just wanted to make sure that wasn't an issue in your case!
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Ana Rusula
•oh yeah thats right! my aunt remarried at 61 and she was still able to claim on her ex-husband who she was married to for 30 years! the rules are so weird with SS!
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