Can I claim ex-spouse's Social Security at 62 then switch to my own benefit at 70?

I'm sorry to tell you that strategy no longer works. The rule allowing you to take spousal benefits first and then switch to your own higher benefit later (called 'restricted application') was eliminated by the Bipartisan Budget Act of 2015 for anyone born after January 1, 1954. When you file now, you are deemed to be filing for ALL benefits you're eligible for, and you'll receive whichever is higher - your own or the spousal benefit. This is called 'deemed filing'. You have these options: 1. Take your own reduced benefit at 62 2. Take the ex-spousal benefit at 62 (if higher than your own) 3. Wait until your FRA or later to get higher benefits But you can't switch between them anymore. The only exception is if you were born before January 2, 1954.

NOOOOPE cannot do that anymore!! They closed that loophole with the 2015 budget act. I tried to do the EXACT same thing and got denied. The SSA agent told me that strategy (called "restricted application") is ONLY available to people born on or before January 1, 1954. Everyone else gets caught by "deemed filing" which means when you file for ANY benefit, you're automatically filing for ALL benefits you qualify for. They just give you the higher amount and that's IT. So frustrating!!!! The govt keeps changing the rules on us!!

The previous responses are correct about the restricted application strategy no longer being available to most people. Since you said you turn 62 next year, you were born after the 1954 cutoff. However, it's still important to understand your options. When you apply for benefits based on your ex-spouse's record: 1. You must have been married for at least 10 years (you qualify with 30) 2. You must be currently unmarried 3. Your ex-spouse must be at least 62 (even if they haven't filed yet) If you file at your Full Retirement Age (probably 67 for you), you'd get 50% of your ex's Primary Insurance Amount. If you file at 62, that amount would be reduced to about 32.5% due to early filing. If your own benefit at 70 would be higher than the spousal benefit, it might still make sense to wait. Have you created a my Social Security account online to see your estimated benefit amounts?

i went thru somthing simlar last yr. my ex made wayyy more $ than me (he was a dr, im a teacher lol). got divorced in 2021 after 22 yrs. the person at SSA told me i can only get one benefit - either my own or my ex's, whichever is HIGHER. no switching allowed anymore! so annoying cause my sister did the old strategy and it worked great for her.

Something important no one's mentioned - if you continue working while collecting benefits before your Full Retirement Age, you'll be subject to the earnings test. For 2025, if you earn more than $22,750, they'll withhold $1 in benefits for every $2 you earn above that limit. After FRA, there's no earnings limit. That's another reason many people choose to wait until at least their FRA to file. Based on your numbers, if your FRA benefit is $2,100 and your ex's is $3,400, then your ex-spousal benefit would be $1,700 (50% of $3,400). Since your own benefit is higher, you'd get your own benefit regardless. If you waited until 70, you'd get approximately 24% more than your FRA amount due to delayed retirement credits. The spousal benefit DOES NOT earn delayed retirement credits, so it would still be $1,700 at age 70. Given these numbers, waiting until 70 to take your own benefit is likely your best option, especially if you're still working.

Have you tried calling SSA directly to ask? They can tell you exactley what YOUR benifits would be, not general rules. I know calling them is a NIGHTMARE though - I tried for 3 weeks straight and couldn't get through!!! So frustrating!!!

I went through exactly this situation. Thought I was being smart by planning the restricted application strategy, then found out it was eliminated. Such a disappointment! Make sure you do the math carefully though - don't just assume waiting till 70 is best. If you need the money sooner or have health concerns, taking it earlier might make sense. Not everyone lives long enough to break even on the delayed benefits.

Based on the numbers you've shared, here's a summary of your options: 1. If you claim at 62: You would receive your own reduced benefit (approximately $1,470, which is 70% of your FRA amount) 2. If you claim at FRA (67): You would receive your own benefit of $2,100 3. If you claim at 70: You would receive your own benefit with delayed credits (approximately $2,600) In all cases, you would receive your own benefit because it's higher than the ex-spousal benefit (which would be $1,700 at your FRA or about $1,190 if taken at 62). Given these numbers and the fact that you're still working, waiting until 70 to maximize your benefit is likely your best option, especially if you have average or better life expectancy.