Can I collect ex-spouse Social Security benefits at 62 while working until FRA?

You've got a few misconceptions there that I can help clear up. Since the 2015 law changes, you can no longer file for just spousal benefits and then switch to your own later (what used to be called a restricted application). When you file at any age now, you're deemed to be filing for ALL benefits you're eligible for. At 62, you would get the higher of: your own reduced retirement benefit OR a reduced spousal benefit (up to 35% of your ex's FRA amount instead of the 50% you'd get at your FRA). And yes, the earnings test absolutely applies. At $58,000/year, you'd be well above the 2025 earnings limit (approximately $23,000 for those under FRA), so a significant portion of your benefits would be withheld until you reach your FRA.

No, the divorce timing doesn't matter - what matters is when you were born. Only people born before January 2, 1954 can still use the restricted application strategy. Anyone born after that date is subject to the deemed filing rules. Based on your income, I would strongly recommend waiting until at least your FRA to file for any benefits. At that point, the earnings test no longer applies, and you'd get the full 50% of your ex's FRA benefit amount (if that's still higher than your own benefit).

I've been trying to sort through the same maze of ex-spouse benefit rules!!! So frustrating. My understanding is that if your ex hasn't filed for their own benefits yet, you can't claim on their record EVEN IF they're eligible. So if your ex isn't planning to file at 62, you might not be able to claim on their record yet anyway. Has your ex already filed or told you they plan to file at 62? This whole system makes me want to SCREAM sometimes.

You're absolutely correct about the 2-year rule. If you've been divorced for at least 2 years (which you have), your ex-spouse does NOT need to have filed for their own benefits for you to claim on their record. They only need to be eligible for benefits (i.e., be at least 62). But as others have pointed out, the earnings test would significantly reduce or eliminate your benefits until you reach FRA. In 2025, for every $2 you earn above approximately $23,000, $1 in benefits is withheld. With earnings of $58,000, that's about $17,500 in withheld benefits - which would likely be more than your annual benefit amount. The good news is that these "lost" benefits aren't gone forever. Once you reach FRA, your benefit amount is recalculated to credit you for the months benefits were withheld.

Great question. Your spousal benefit is based on your ex's Primary Insurance Amount (PIA) - which is their benefit amount at their full retirement age - regardless of when they actually claimed benefits. So if your ex claimed early at 62 and took a reduced benefit, you would still get 50% of their FRA amount (not 50% of their reduced amount) when you claim at your FRA. Similarly, if they waited until 70 to get delayed retirement credits, you would still only get 50% of their FRA amount, not 50% of their increased amount. This is one of the few advantages in the Social Security system - your ex's claiming decision doesn't affect what you can receive on their record.

I hate to say it but I tried calling SSA to figure this exact situation out for myself and was on hold for over 3 HOURS before getting disconnected!! I eventually used this service called Claimyr that got me through to a rep in under 20 minutes. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU - honestly worth it because these questions are so specific to your situation, you really need to talk to SSA directly. I found out I was eligible for more than I thought!

my sister went through this same thing with her ex husband who benefit was alot more than hers. she started working when she was 45 after raising kids so her benefit was tiny. she tried taking ex spouse benefit at 62 and regretted it cause of the work limits. she should of just waited til 67 like everyone is telling you. the other thing nobody mentioned is that you can only get divorced spouse benefits if you haven't remarried!!! just making sure you know that part.

Thank you all for the incredibly helpful information! This cleared up so much confusion. Based on what I'm hearing, it sounds like my best strategy is to continue working until my FRA and then apply for benefits - either my own or ex-spouse benefits, whichever is higher at that point. I'm going to try to get through to SSA to confirm all these details for my specific situation. It's frustrating that these rules are so complicated, but I'm grateful for all your insights!