Can I collect ex-spouse Social Security benefits at FRA then switch to my own at 70?
Just had an interesting meeting at my local Social Security office yesterday. I'm at my full retirement age (66 and 10 months) and the claims specialist told me something that sounds too good to be true - that I could start collecting about $1,600 on my ex-husband's record now and then switch to my own benefit when I turn 70. We were married for 22 years before divorcing 5 years ago. I've worked consistently but my ex always had a much higher income. I was under the impression that if you file for any SS benefit, you're automatically filing for all benefits you're eligible for (something about deemed filing?). But the claims specialist was pretty confident about this strategy. Has anyone done this? Is this really possible? I'm worried about making a mistake that could cost me thousands over my lifetime. Any advice would be appreciated!
16 comments


Marcus Marsh
Yes, this strategy is possible and it's perfectly legal! It's called a restricted application. If you've reached your Full Retirement Age (FRA), you can choose to collect only your ex-spouse's benefit while allowing your own retirement benefit to grow until age 70. This gives you those delayed retirement credits of 8% per year. The key requirements: 1. You must be at your FRA (which you are) 2. Your marriage lasted at least 10 years (yours was 22) 3. You must be currently unmarried 4. Your ex must be eligible for benefits (even if not collecting) The deemed filing rule changed in 2015 with the Bipartisan Budget Act, but people born on or before January 1, 1954 were grandfathered in. You didn't mention your birth year, but that would be the main thing to double-check.
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Katherine Shultz
•Thank you so much for confirming! Yes, I was born in 1958 - does that mean I still qualify for this strategy? The claims specialist didn't mention anything about a cutoff date for being born before 1954. Now I'm worried again...
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Hailey O'Leary
I TRIED THIS EXACT THING and they DENIED me!! Said I wasn't eligible because of my birth date (I'm 67). The SSA rep told me the restricted application option was eliminated in 2015 for people born after 1/1/1954. Are you SURE you understood what they told you?? The whole system is designed to confuse us. I spent 3 hours waiting at my local office only to be told incorrect information. When I went back with printouts from the SSA website, they suddenly "remembered" the rule change. Double check EVERYTHING they tell you!!!
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Cedric Chung
•Same thing happened to my sister! She was born in 1956 and they told her she could do a restricted application. Then when she actually applied, a different rep said she couldn't because of her birth year. So confusing.
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Talia Klein
There's definitely some confusion here. The ability to file a restricted application (taking ex-spouse benefits while your own continue to grow) is ONLY available to people born on or before January 1, 1954. For anyone born after that date (including someone born in 1958), the deemed filing rule applies - which means when you file for any benefit, you're deemed to have filed for all benefits you're eligible for, and you'll receive whichever is higher. I suspect the claims specialist might have been confused or you might have misunderstood. It happens frequently, unfortunately. I'd recommend calling the SSA again and speaking with a different representative to confirm the rules that apply to your specific birth year.
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Maxwell St. Laurent
•A lot of the SSA agents dont know there own rules! Its ridiculous how they give wrong info all the time. I've heard so many storys about people getting bad advice and then SSA says "too bad" when you follow it. Always get everything in WRITING from them!!!
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PaulineW
I've been in a similar situation but with my own SS. I tried calling SSA multiple times to get clarification about switching strategies and kept getting disconnected or waiting for 2+ hours. So frustrating! I finally used this service called Claimyr (claimyr.com) that got me connected to an SSA agent in about 15 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU The agent I spoke with confirmed that the restricted application option only applies to people born before 1954. For those of us born after, we can only get either our own benefit or the spousal benefit, whichever is higher - not both sequentially. Worth checking with another agent to confirm what you were told.
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Katherine Shultz
•Thank you for this tip! I'll definitely look into Claimyr because I've been trying to call SSA all morning with no luck. I really need to get a straight answer on this before making any decisions.
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Annabel Kimball
my neighbor did something like this i think. she was getting her ex husbands SS for a while then switched to her own later. but shes older like 75 now so maybe rules were different for her? idk the details exactly but she said it worked out better for her financially
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Marcus Marsh
•Yes, your neighbor would have been eligible for the restricted application strategy because she's older. The rules changed after the Bipartisan Budget Act of 2015, which eliminated this option for people born after January 1, 1954. That's why there's so much confusion - many SSA representatives still remember the old rules but don't always remember exactly when the cutoff applies.
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Katherine Shultz
Update: I called the SSA this morning and finally got through to someone. The new agent confirmed that I CANNOT do the restricted application strategy because I was born after January 1, 1954. Apparently the claims specialist I met with gave me incorrect information! She explained that when I file, I'll simply get the higher of either my own benefit or my ex-spouse benefit (about 50% of his). If I wait until 70, my own benefit will grow by 8% per year, which will definitely be higher than my ex-spouse benefit at that point. Thanks everyone for your help - you saved me from making a big mistake based on incorrect information!
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Talia Klein
•I'm glad you got accurate information! This is a perfect example of why it's always good to verify important benefit information with multiple sources. In your case, waiting until 70 to claim your own retirement benefit is likely still the best strategy if you can afford to wait and expect to live past your early 80s. The 8% per year increase from FRA to 70 is hard to beat as an investment return.
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Cedric Chung
This whole thread is making me nervous... I'm turning FRA next month and planned to do exactly what the original poster described (take ex-spouse benefits now, switch to mine at 70). Now I'm worried! I was born in 1953 though, so maybe I'm still ok? Does anyone know for sure?
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Marcus Marsh
•Yes, you're fine! If you were born in 1953, you're still eligible for the restricted application strategy. The cutoff is being born on or before January 1, 1954. So you just made it under the wire. Make sure to specify that you want to file a "restricted application for spousal benefits only" when you apply. Don't just say you want to apply for benefits or they might assume you want to file for all available benefits.
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Oliver Wagner
•@Marcus Marsh is absolutely right - you re'still eligible since you were born in 1953! Just to add to his advice, when you go to apply, I d'recommend bringing a copy of the SSA s'own documentation about restricted applications for people born before 1954. Some representatives still get confused about the rules. Also, make sure your ex-husband is entitled to benefits he (doesn t'have to be collecting them, just entitled .)Good luck!
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Zara Malik
As someone new to navigating Social Security, this thread has been incredibly educational! It's concerning how much misinformation gets passed around, even from SSA representatives themselves. For anyone else reading this who might be confused: the key takeaway seems to be that the restricted application strategy (taking spousal/ex-spousal benefits while letting your own grow) is ONLY available if you were born on or before January 1, 1954. If you were born after that date, you're subject to "deemed filing" - meaning you automatically get the higher of your two benefits, not both sequentially. Katherine, I'm glad you called back and got the correct information! It's a good reminder that when it comes to something this important financially, it's always worth getting a second opinion from SSA directly. The difference between getting this right vs wrong could literally be tens of thousands of dollars over a lifetime. Does anyone know if there's an official SSA publication that clearly explains these birth date cutoffs? It seems like having that documentation handy would help avoid confusion with representatives who might not be up to date on the rules.
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