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Can I claim ex-spouse's Social Security now but switch to my own higher benefit at 70?

I'm turning 62 next month and trying to figure out my best SS strategy. My ex and I were married for 22 years before our divorce 6 years ago. He's already collecting his retirement benefits (started at 65). I've worked my whole life in healthcare and my own benefit at 62 would be about $1,950, but if I wait until 70 it jumps to around $3,400. I just discovered I might be eligible for ex-spouse benefits? Could I claim based on his record NOW (even though it would be less than my own at 62) and then switch to my own larger benefit at 70? This would let my own benefit grow while still getting some income. Or am I confused about how this works? The SSA website is so complicated, and the agent I spoke with gave me answers that contradicted what I read online. Anyone successfully done this? I'm worried about making a mistake that costs me thousands of dollars over my lifetime!

Yes, you CAN do this! This is called a "restricted application" strategy, and it's one of the best-kept secrets for people in your situation. Since you were born before Jan 2, 1954, you're still eligible to file for JUST your ex-spouse benefits while letting your own benefit grow until 70. The key points: 1. You must have been married at least 10 years (you qualify with 22) 2. You must be unmarried now (you are) 3. Your ex must be entitled to benefits (he is) At 62, you'll get about 70% of half of your ex's Primary Insurance Amount (PIA). So if his PIA is $2,500, you'd get about $875/month now. Then at 70, you switch to your own $3,400. This is MUCH better financially than taking your own at 62.

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This is exactly what I was hoping for! Thank you so much. But wait...I just realized I was born in 1963, not before 1954. Does that change everything? I'm not sure what a Primary Insurance Amount is either. This is all so confusing!

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sorry but that info about restricted application is WRONG for anyone born after Jan 1 1954!! the rules changed with the budget act in 2015!! you CAN'T do this anymore - my sister tried and got denied!

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You're absolutely right, and I apologize for the misinformation. I missed the clue about turning 62 next month, which means born around 1963. For people born after January 1, 1954, the rules changed. 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. So unfortunately, the strategy I described isn't available to you. You'll need to decide: take reduced benefits at 62 or wait for larger benefits at 70. You can't do both sequentially anymore.

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This is sooooo frustrating. I was born in 1955 and was counting on doing exactly this strategy, but when I went to file the SSA person said those rules changed and I couldn't do it. I literally cried in the SS office because I'd built my retirement around this plan. Apparently Congress changed the rules in 2015 with the Bipartisan Budget Act. For those of us born after Jan 1 1954, we have to take the HIGHER of either our own or spousal/ex-spousal benefit. No more taking one now and switching later. It SUCKS.

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I'm so sorry that happened to you. I'm feeling pretty hopeless now too. I was counting on this extra income while letting my benefit grow. Back to the drawing board I guess... :

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Mei Lin

Let me clarify what's happening here, as there's some confusion. If you were born after January 1, 1954 (which you were), the "deemed filing" rule applies. This means when you file for any Social Security benefit, you're deemed to be filing for ALL benefits you're eligible for, and you'll receive the higher amount. There are two scenarios to consider: 1. If your ex-spouse benefit is HIGHER than your own at 62, you would get that higher amount. 2. If your own benefit is higher (which at $1,950 it likely is compared to 50% of your ex's), you'll just get your own. You cannot take the lower ex-spouse benefit while letting your own grow until 70. The only people who can still do that strategy were born before 1954. I recommend using the SSA's benefit calculators and possibly consulting with a financial advisor who specializes in Social Security claiming strategies before making your decision.

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makes sense my wife is going thru this now to we are just gonna wait til 67 for both of us

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I spent NINE HOURS last month trying to get someone at SSA on the phone to answer this exact question!! So frustrating - first they disconnected me twice, then I waited 3.5 hours only to get someone who clearly had no idea what they were talking about. They kept saying I could do the restricted application thing but when I pointed out I was born in 1958 they had to go talk to a supervisor and then came back and said something totally different!! The whole system is designed to confuse us!!

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Thanks everyone for the clarification. I'm disappointed but glad I asked before making a mistake. So just to be sure I understand - since I was born in 1963, my ONLY options are: 1. Take my own benefit now at 62 (reduced to about $1,950) 2. Wait until my FRA (67) for my full benefit (about $2,700) 3. Wait until 70 for my maximum benefit (about $3,400) And the ex-spouse option is basically irrelevant unless my ex's benefit is so high that half of it would be higher than my own benefit? Is that correct?

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Mei Lin

That's exactly right. And since you mentioned your benefit at 62 would be $1,950, that means your PIA (the amount at your full retirement age) is around $2,700. So your ex-spouse's PIA would need to be at least $5,400 for half of his to be higher than your own reduced benefit at 62. That's quite high, as it exceeds the maximum possible PIA for someone retiring in 2025. Unless your ex was an extremely high earner throughout his career, your own benefit is almost certainly higher than any ex-spouse benefit you'd be eligible for.

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my cousins frend tried 2 do this and they told him no way. its all about ur birthday like they said above. the gov changed rules and screwed us!!

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Well, I guess I'll just keep working a few more years and plan to file at 67. Thanks everyone for helping me understand this. So disappointed they changed these rules, but at least I know the real story now instead of making a costly mistake.

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Mei Lin

That's often a wise approach. Working until your Full Retirement Age provides your full benefit amount without reduction. And if your health is good and longevity runs in your family, waiting even longer to age 70 can significantly increase your lifetime benefits. Good luck with your decision!

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