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Can I claim ex-spouse's Social Security benefits at 68 while still working?

I'm turning 68 in a few months and haven't filed for my Social Security benefits yet because I'm still working full-time. I was married for 25 years before getting divorced, and I never remarried. My ex-husband earned significantly more than I did during our working years, so his benefit would be higher than mine. Is it possible for me to collect divorced spousal benefits based on his record while I continue to work and delay claiming my own retirement benefits? I've heard conflicting information about whether I can do this at my age without having to take my own benefits at the same time. Thanks for any clarity!

Melissa Lin

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Yes, you can potentially collect ex-spousal benefits! Since you're past your Full Retirement Age (FRA), you're eligible for 50% of your ex-spouse's Primary Insurance Amount (PIA) IF he has already filed for his own benefits. If he hasn't filed yet, you'll need to wait until he does. The good news is since you're over FRA, there's no earnings test, so your work income won't reduce your benefits. You should call SSA directly to verify your specific situation and file an application. Make sure to specifically tell them you want to file a "restricted application" for ex-spousal benefits only while letting your own retirement benefit continue to grow until age 70.

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Effie Alexander

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Thank you for the information! I'm not sure if my ex has filed for his benefits yet. Is there any way to find that out without contacting him directly? We don't exactly stay in touch...

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Lydia Santiago

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not SSI!!! SSI is Supplemental Security Income which is completely different from retirement benefits. you're talking about retirement benefits not SSI. important distinction.

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Effie Alexander

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Oh! Thank you for correcting me. I meant Social Security retirement benefits, not SSI. Still learning all the terminology!

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Romeo Quest

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Are you SURE you can do this?? I tried something similar and the SS office told me the "restricted application" thing was eliminated with that 2015 law change!!!! I'm confused because some people say you can still do it if you were born before 1954 but others say no... The whole system is SO CONFUSING I feel like every rep tells you something different!!!!

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Melissa Lin

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You're absolutely right that there's confusion about this! The Bipartisan Budget Act of 2015 did eliminate restricted applications for people born after January 1, 1954. But since the original poster is 68 now (in 2025), that means they were born in 1957, which would normally make them ineligible. HOWEVER - there's an important exception! For divorced spouse benefits specifically, the restricted application option remains available even for those born after 1954. This is one of those quirks in the law that even some SSA representatives get wrong.

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Val Rossi

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I had pretty much this exact situation last year! I was able to claim on my ex's record at 67 while still working and postponing my own benefits. The real challenge was getting through to Social Security to file the application. I kept getting disconnected after waiting on hold for hours. Finally, I found this service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in about 20 minutes instead of spending hours on hold. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Once I got through, I specifically asked for a "restricted application for divorced spouse benefits" and made it clear I wanted to let my own benefit continue growing. The rep initially got confused but after checking with a supervisor confirmed I could do it since I was born before 1954.

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Eve Freeman

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thanks for sharing that service! i've been trying to reach ssa about something completely different for weeks. did they help you fill out any forms or just got you through to someone?

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Val Rossi

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They just get you through to an actual SSA representative quickly - you still have to handle the conversation yourself. But that was honestly the hardest part for me - just reaching a real person! Once I got through, I was able to complete everything in one call.

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Clarissa Flair

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Just want to add that you need to have been divorced for at least 2 years before you can claim on an ex's record (unless they're already receiving benefits). And your ex doesn't need to know you're claiming on their record - the SSA doesn't notify them.

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Caden Turner

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One critical thing to check - if you've been working consistently and earning good money, your own benefit at age 70 might actually be HIGHER than what you'd get as a divorced spouse (which maxes out at 50% of his PIA). Have you created a my Social Security account online to check your estimated benefit? Given your situation, here's what I recommend: 1. Create a my Social Security account if you haven't already (ssa.gov/myaccount) 2. Check your own projected benefit at age 70 3. Compare this to what you'd get as a divorced spouse (roughly 50% of his benefit) 4. If the divorced spouse benefit is higher, file for it now 5. If your own benefit at 70 will be higher, consider filing for divorced benefits now, then switching to your own at 70 And remember - if you were born in 1957, your Full Retirement Age is 66 and 6 months, which you've already passed, so you're eligible for full benefits.

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Effie Alexander

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Thank you so much for the detailed steps! I do have a my Social Security account, and at 70 my benefit would be around $3,100. I'm not sure what my ex's benefit is, but he was a corporate executive, so I'm guessing it would be high. I'll definitely follow your advice and check the numbers before deciding.

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Romeo Quest

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My SIL had the WORST experience trying to do this exact thing!! She kept getting told different answers by different people at SS and ended up accidentally filing for her own benefits when she was trying to get ex-spouse benefits! Now she's stuck with a lower payment forever!!! Make sure you're SUPER clear about what you want when you talk to them!

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Clarissa Flair

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That's terrible! Did she try to withdraw her application? You have 12 months to withdraw an application after filing, though you do have to pay back any benefits received.

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Romeo Quest

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She didn't know she could do that until it was too late!! No one told her about the 12 month rule! The whole system is designed to confuse people I swear

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Caden Turner

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Based on your comment that your own age 70 benefit would be around $3,100/month, I strongly suggest comparing numbers carefully. If your ex-husband's PIA (the amount he would receive at his full retirement age) is less than $6,200, then your own benefit at 70 would be higher than the 50% ex-spouse benefit. Just to be clear: you CAN receive ex-spouse benefits now and then switch to your own higher retirement benefit at 70. This is one of the best strategies available to people in your situation who were born before 1954.

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Effie Alexander

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Thank you - that makes sense about the comparison. I'll definitely ask about my ex's PIA when I call SSA. I appreciate everyone's help with this complicated decision!

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Lydia Santiago

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my mom did this exact thing. got half of dads benefit for 4 years then switched to her own at 70. worked great but that was back in 2019 so rules might be different now idk

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Eve Freeman

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don't forget you need your marriage certificate and divorce decree when you apply! learned that the hard way

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Effie Alexander

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Good point! I have my divorce decree but will need to find my marriage certificate. It's probably in a box somewhere in the basement. Better start looking now!

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