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

I went through almost EXACTLY the same thing last year! Yes, you CAN claim ex-spouse benefits and then switch to your own later, BUT (and this is a BIG but) - the rules changed in 2015 with that Bipartisan Budget Act. If you were born after January 1, 1954, you can't do the "file and switch" strategy anymore. The SSA automatically gives you whichever is higher - your own benefit or the divorced spouse benefit. You can't choose one now and switch later. It's RIDICULOUS how they changed all these rules without making it clear to people!!!

The previous commenter is correct about the rule changes, but there's a bit more nuance to your situation. Since you were married for 20 years, you're definitely eligible for divorced spouse benefits (minimum is 10 years of marriage). However, due to the 2015 Bipartisan Budget Act, if you were born after January 1, 1954, you're subject to "deemed filing" rules. This means when you file for one benefit, you're deemed to be filing for all benefits you're eligible for, and you'll receive whichever amount is higher. You can't take the ex-spouse benefit at 62 and then switch to your own at 70. However, you still have options: 1. If your ex-spouse's benefit would be higher than your own even after delayed credits, you could claim at 62 (though with a reduction for claiming early) 2. If your own benefit would ultimately be higher, waiting until 70 to maximize it might be your best strategy You can create a my Social Security account at ssa.gov to see your estimated benefits based on different claiming ages.

my aunt did this but she was born in 1951 so different rules i guess. the whole system is stupid complicated if u ask me. nobody can understand it without a lawyer lol

You're getting some good info here, but I'll add that you CAN find out what your ex-spouse benefit might be without contacting him. The SSA can look up his record if you provide his Social Security number. If you don't have that, you'll need his date of birth and his parents' names. Just explain you're exploring divorced spouse benefits. One thing to consider: if your ex hasn't filed for his own benefits yet, you can still claim divorced spouse benefits, but only if you've been divorced for at least 2 years. Also, divorced spouse benefits are always capped at 50% of your ex's full retirement age benefit (and reduced if you claim before your own FRA). So if your own benefit would exceed 50% of his, the restricted application strategy wouldn't have helped you much anyway.

same boat! its so confusing! my ex makes wayyy more money than me so i think i get half of his? but im not sure how much that is compared to mine??? the ssa website is impossible to understand!! did anyone here actually talk to someone at ssa who was helpful????

I think I'm confused now... isn't SSI the same as regular Social Security retirement? My neighbor said they're completely different programs? And do divorced spouse benefits come from SSI or SSDI or neither? 🤔

I remember when the rules changed in 2015 - it was a HUGE deal for retirement planners! Many of our clients were counting on using these creative filing strategies. The "restricted application" (what you're describing) was a great way to maximize lifetime benefits. Unfortunately, Congress eliminated these options for anyone born after 1/1/1954. If your own benefit at age 70 would be significantly higher than your ex-spouse benefit, the best strategy is probably waiting as long as possible to file. Each year you delay from FRA to 70 adds 8% to your monthly benefit - guaranteed growth you can't find anywhere else!

Thanks everyone for your helpful comments! I'm definitely understanding things better now, even if I'm disappointed that I can't use the strategy I heard about. I'm going to schedule an appointment with SSA to get specific numbers for my situation so I can compare taking benefits at 62 vs waiting till 70. I've got some savings to live on, so waiting might be better in the long run, especially since I'm in good health and my parents both lived into their 90s.

I'm in a similar situation and want to add something that might help with your decision-making process. Since you mentioned you have savings to live on, you might want to run a "break-even" analysis to see at what age waiting until 70 becomes more profitable than taking reduced benefits at 62. For example, if your benefit at 62 would be $1,200/month but waiting until 70 gets you $2,000/month, you'd collect $96,000 over 8 years by taking it early. But the higher benefit would "catch up" in about 12 years (around age 82). Given your family longevity, waiting could mean significantly more lifetime income. Also, don't forget that your Social Security benefits might be partially taxable depending on your other retirement income, so factor that into your calculations too. The SSA representatives should be able to help you with the benefit estimates, but they won't do the break-even math for you - that's something you'll need to calculate yourself or with a financial advisor. Good luck with your appointment! The wait times have gotten better at most offices lately.

There are actually several good online calculators that can help with Social Security break-even analysis! The AARP Social Security Calculator and the SSA's own retirement estimator are decent starting points, but for more detailed scenarios involving divorced spouse benefits, I'd recommend the calculators at FidSafe or Social Security Solutions. One thing to keep in mind with your break-even analysis - don't just look at the monthly benefit amounts. Also factor in potential cost-of-living adjustments (COLAs) over time, since a higher base benefit means larger dollar increases each year when they adjust for inflation. Also, since you mentioned good family longevity, consider that Social Security benefits continue for life and include survivor protections that other investments don't offer. That guaranteed income stream becomes more valuable the longer you live, especially if healthcare costs increase as you age. The math can get complex, but once you have your actual benefit estimates from SSA, plug those numbers into a few different calculators to see if they give you consistent results. Most show that if you expect to live past your early 80s, delaying benefits usually wins out financially.