Can I collect Social Security from ex-spouse at 62 while delaying my own benefits until 70?
I'm trying to figure out my best Social Security strategy after my divorce (marriage lasted 21 years). I'll be turning 62 in a few months and still working full-time. My ex is already 65 and collecting his retirement benefits. I've been hearing conflicting advice about divorced spousal benefits, and I'm confused about: 1) Can I apply for ex-spousal benefits when I turn 62 while continuing to work? 2) If I collect ex-spousal benefits at 62, will this reduce what I'd get if I wait until 67 (my FRA) or 70 to switch to my own record? 3) Is this restricted application strategy even possible for someone my age? 4) How can I estimate what my ex-spousal benefit might be without contacting my ex? My own benefit at 70 would likely be significantly higher than the spousal amount, so I'm trying to maximize my lifetime benefits. Any insights would be really helpful!
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Julia Hall
Unfortunately, you can't do what you're thinking about. The strategy you're describing (filing for just spousal benefits while letting your own grow until 70) was eliminated by Congress in 2015 with the Bipartisan Budget Act. This restricted application strategy is only available to people born on or before January 1, 1954. If you file for any Social Security benefit at 62, you're deemed to be filing for ALL benefits you're eligible for - this is called "deemed filing." The SSA will pay you whichever is higher - your own retirement benefit or your divorced spousal benefit (up to 50% of your ex's FRA benefit). And yes, filing at 62 means a permanent reduction of about 30% compared to waiting until your FRA at 67.
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Evelyn Rivera
•Oh no, that's disappointing! I had no idea the rules had changed. So if I understand correctly, there's no way to collect on my ex's record first and then switch to my own later? It's all or nothing at whatever age I decide to file?
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Arjun Patel
The previous commenter is correct about deemed filing. To add some specific details that may help you: 1) You can claim divorced spousal benefits as early as 62 if you've been divorced at least 2 years AND your ex is eligible for benefits (even if they haven't filed yet). 2) However, when you file at 62, you'll be deemed to have filed for ALL benefits - the SSA gives you the higher of either your own reduced retirement benefit OR up to 50% of your ex's full retirement age benefit (also reduced for your early filing). 3) The restricted application option isn't available to you based on your age. 4) You can get an estimate by calling SSA directly - they can tell you the divorced spousal benefit amount without contacting your ex. Your MySSA online account won't show this, unfortunately. If your own benefit at 70 will be significantly higher, you might want to consider waiting to file for any benefits until then, especially if you're still working (since earnings before FRA reduce benefits).
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Evelyn Rivera
•Thank you for the detailed explanation! That makes sense about the earnings limitation too - I hadn't considered that working would reduce any benefits I might get at 62. I'll have to run the numbers to see if it makes more sense to just wait until 70 for everything.
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Jade Lopez
i went thru this EXACT situation!! divorced after 19 yrs, tried to get ex benefits at 62 but was told i had to take mine too. ended up just waiting till my FRA (66 for me) and glad i did. the reduced amount at 62 is REALLY reduced!!
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Evelyn Rivera
•Thanks for sharing your experience! Do you mind if I ask if you're now collecting on your own record or still on the ex-spouse benefit? I'm trying to understand if it's worth waiting until 67 versus 70.
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Jade Lopez
im on my own now, it was higher. they give u whichever is more $ automatically. but honestly the wait from 62 to 66 added like $600/month to my check! if u can wait DO IT
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Tony Brooks
•$600 a month difference is HUGE!! That's $7,200 a year more just for waiting. This is why I get so frustrated with articles telling people to claim early. Do the math people!!
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Ella rollingthunder87
Has anyone actually tried calling SSA to get the ex-spouse benefit amount? I've been trying for weeks and can't get through to anyone. Always disconnected after 30+ minutes on hold...
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Yara Campbell
•I had the same problem trying to get information about my divorced spouse benefits. After getting disconnected multiple times, I found this service called Claimyr that got me connected to an SSA agent in under 20 minutes. They basically call SSA for you and connect you when they reach an agent. Saved me hours of frustration! You can check them out at claimyr.com and they even have a video showing how it works: https://youtu.be/Z-BRbJw3puU When I finally got through, the SSA rep was able to tell me exactly what my divorced spouse benefit would be without contacting my ex at all. They just needed my marriage certificate and divorce decree.
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Evelyn Rivera
Thank you everyone for the helpful responses! I think I understand my options better now. Since I'm still working and my own benefit at 70 would be significantly higher, it sounds like waiting makes the most sense in my case. I'll try to contact SSA to get specific numbers so I can make a more informed decision.
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Julia Hall
•One more thing to consider: even though you've decided to wait, it's still worth creating your my Social Security account online if you haven't already. You can verify your earnings history to make sure it's correct - this is important since your future benefit is based on these earnings. Sometimes there are errors that are much easier to fix now than years later.
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Isaac Wright
DONT FORGET!!! If you start collecting any SS while working under FRA (67 for you), you're subject to the earnings limit ($21,240 in 2023). They take away $1 in benefits for every $2 you earn over that amount. But they add it back later, which no one tells you!!
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Arjun Patel
•You're absolutely right about the earnings test. For 2025, the limit is actually $24,150 for those under FRA. And yes, once you reach FRA, SSA recalculates your benefit to credit you for the months when benefits were withheld. But the early filing reduction is still permanent - that's important to understand.
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Tony Brooks
This whole system is DELIBERATELY CONFUSING!! I spent HOURS on the phone with SS last year to figure out my divorced spouse benefits. Then after all that they sent me a letter saying I wasn't eligible yet because my ex hadn't filed! Complete waste of time and the rules make no sense whatsoever.
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Arjun Patel
•You're correct that the rules can be confusing, but there's actually a specific provision for divorced spouses. If you've been divorced for at least 2 years, you CAN receive benefits on your ex's record even if they haven't filed yet (as long as they're eligible). This is called the "independently entitled divorced spouse" provision. If you were told otherwise, you might want to speak with a different SSA representative.
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