Can I claim ex-spouse's Social Security at FRA then switch to my own at 70?
After recently turning 65, I've been trying to map out my Social Security strategy for the next few years. My Full Retirement Age is 67 and 2 months. I was in a 22-year marriage that ended about 6 years ago, and I know my ex-husband's benefit would be substantially higher than mine (he was always the higher earner). I've heard about something called a "restricted application" where you can take one benefit first then switch to another later. Is it possible for me to claim my ex-spouse's benefit when I reach my FRA, but then switch to my own benefit at 70 when it's maximized with delayed credits? My own benefit at 70 would be higher than the spousal benefit, but I'm wondering if this strategy is even allowed anymore with the new rules. Has anyone successfully done this recently?
18 comments
Andre Rousseau
Yes, you can absolutely do this if you were born before January 2, 1954. This is called a restricted application for spousal benefits only. If born after that date, the new rules don't allow this strategy anymore - you'll be deemed to be filing for all benefits you're eligible for at once. When were you born?
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Carmen Vega
•Oh no, I was born in 1959... does that mean I can't do this strategy? I really was counting on being able to get some income while letting my own benefit grow.
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Zoe Stavros
my sister tryed this and they told her no. i think that loophole got closed a few years back. sumthing about being born before a certain date
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Carmen Vega
•That's really disappointing to hear. I wonder if there's any exceptions or other strategies I should look into?
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Jamal Harris
Unfortunately, the Bipartisan Budget Act of 2015 eliminated the restricted application strategy for most people. You must have been born before January 2, 1954 to use it. If you were born in 1959, you'll be subject to deemed filing, which means when you file for any benefit, you're deemed to be filing for ALL benefits you're eligible for, and you'll receive whichever is higher. At this point, your options are: 1. Take ex-spousal benefits at your FRA (67 and 2 months) if they're higher than your own at that point 2. Take your own benefits at your FRA if they're higher than ex-spousal 3. Wait until 70 to maximize your own benefit if your own benefit would be higher than ex-spousal But you can't take ex-spousal first and then switch to your own later. Sorry to be the bearer of bad news.
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Carmen Vega
•Thank you for the detailed explanation. So it sounds like my best option is to just wait until 70 to file for benefits if my own would be higher at that point? Is there any advantage to filing for ex-spousal benefits earlier if they're lower than what my own would be at 70?
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GalaxyGlider
The SSA is ALWAYS changing the rules to take away strategies that benefit us!! First they took away file and suspend and now this. By the time I retire they'll probably make us wait until we're 80!!! 😡
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Mei Wong
•The rule changes from 2015 were actually designed to close what Congress saw as unintended loopholes that were costing the system billions. The original intent of spousal benefits was to provide for financially dependent spouses, not as a way for dual-income couples to maximize benefits. Whether that's fair or not is debatable, but that was the reasoning.
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Jamal Harris
To answer your follow-up question - if your own benefit at 70 would be higher than the ex-spousal benefit, then waiting makes mathematical sense IF you live long enough. The break-even point is usually around age 82-83. If your ex-spousal benefit at your FRA would be higher than your own benefit at your FRA, but lower than your own at 70, you need to calculate: 1. How much ex-spousal money you'd collect between FRA and 70 2. How long it would take your higher age-70 benefit to make up that difference It's a longevity gamble. If you have good health and family history of longevity, waiting to 70 often pays off in the long run.
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Carmen Vega
•This is really helpful. I think I need to get the exact benefit amounts so I can do this calculation. Do you know if there's a way to find out what my ex-spouse's benefit amount would be without contacting him directly? We don't really speak anymore.
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Liam Sullivan
I tryed to do something like this last year and it was a NIGHTMARE getting through to SS on the phone. Took me 8 days of calling to finally reach a real person who could answer my questions.
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Amara Okafor
•I had the same problem trying to get info about my divorced spouse benefits. After trying for weeks, I used a service called Claimyr (claimyr.com) that got me connected to a Social Security rep in under 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Saved me so much frustration! The agent was able to tell me exactly what my ex-spouse benefits would be without me having to contact my ex.
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Zoe Stavros
My sister got her exs benefit but she was born in 1953 so I guess thats why it worked for her?? these rules are so confusing lol
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Mei Wong
•Yes, that's exactly why it worked for her. Being born before January 2, 1954 is the cutoff for the restricted application strategy. Those born on or after that date are subject to deemed filing rules at any age.
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Carmen Vega
Just wanted to thank everyone for their help. I called SSA yesterday (used that Claimyr service someone mentioned - definitely worked!) and they confirmed what you all said. Since I was born after 1954, I can't do the restricted application strategy. The agent ran the numbers and said my own benefit at 70 would be about $3,450 while the spousal benefit would be around $2,200 at my FRA. So waiting makes sense for me if I can manage financially until then. Really appreciate all the advice!
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GalaxyGlider
•Glad you got answers! That's a pretty big difference between the benefits. Did they tell you what your own benefit would be if you took it at your FRA instead of waiting til 70? Sometimes the difference isn't worth waiting for...
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Carmen Vega
Yes, they said my own benefit at FRA would be about $2,650. So the ex-spousal benefit would be less than my own even at FRA. And waiting until 70 gives me an extra $800/month for potentially decades. Since I'm still working part-time and have some savings, I think I can make it work financially until 70.
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Jamal Harris
•That sounds like a solid plan given your numbers. The 8% per year delayed retirement credits between FRA and 70 are hard to beat as a guaranteed return. Just remember that if you're still working before FRA and decide to claim any benefits, you might be subject to the earnings test, which could reduce your benefits temporarily. After FRA, the earnings test no longer applies.
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