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.