Can I collect ex-spouse's Social Security at 68 while delaying my own SS benefits past 70?
I've got a complicated situation and need some clarity on divorced spousal benefits. I was married for 12 years before we divorced (he's 74 now). After that divorce, I remarried but that second marriage only lasted about 2 years before ending in divorce. I'm currently 68 and still working full-time with a decent salary. My plan has been to delay claiming my own Social Security until after 70 to maximize those benefits. My question is: Can I claim ex-spousal benefits from my first husband (the 12-year marriage) NOW, while continuing to work and still waiting to claim my own benefits after 70? I've heard conflicting things about this strategy and I'm not sure if the fact that I briefly remarried disqualifies me, even though that marriage ended. If this is possible, would my current earnings affect how much I'd receive from the ex-spousal benefit? I know the SSA phone lines are impossible so hoping someone here has been through something similar. Thanks!
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StarSailor
Yes, you absolutely can claim divorced spousal benefits based on your ex-husband's record since you were married over 10 years. Your second marriage would have prevented this, but since that marriage also ended in divorce, you've regained eligibility for benefits on your first ex-husband's record. Since you're past your Full Retirement Age (FRA) of 66 and 8 months (for someone who's 68), you can file a "restricted application" for just the divorced spousal benefits while letting your own retirement benefit continue to grow until 70. This is allowed for people born before January 2, 1954. Your current earnings won't reduce your divorced spousal benefits because you're already past your FRA. The earnings test doesn't apply after FRA. The spousal benefit would be up to 50% of your ex's full retirement amount (what he'd get at his FRA), but could be less depending on various factors. It's definitely worth pursuing!
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Zainab Ibrahim
•Thank you so much! I wasn't sure if I could still do a restricted application. I kept reading that they eliminated this option, but maybe that's just for younger people? I was born in 1957, so sounds like I might still qualify. Do you know what paperwork I need to specifically request the divorced spousal benefits ONLY? I don't want them to accidentally process my own retirement claim.
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Connor O'Brien
I think your second marriage messes things up even if it ended. My sister tried to get her ex's SS and they told her no way once you remarry thats it. But maybe Im wrong because that was a few years ago.
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StarSailor
•That's not correct. The SSA rules are very clear that if the second marriage ends (by death, divorce, or annulment), the person can once again become entitled to benefits from the first spouse if that marriage lasted at least 10 years. Your sister's situation might have been different or she received incorrect information, which unfortunately happens sometimes.
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Yara Sabbagh
I was in almost EXACTLY your situation last year!!! Married 15 years to first husband, briefly remarried for 3 years, then divorced again. I'm 70 now but at 68 I started collecting on my first ex's record while still working. I waited till this year to start my own benefits. The key is you MUST tell them specifically you want ONLY the divorced spouse benefit and are not filing for your own retirement. I had to say this like 5 times because they kept trying to process both!!! Also they'll want proof of both marriages and both divorces so have those documents ready. It worked great for me and I got about $1,450/month from his record while my own benefit continued to grow. Now I'm getting over $3,200 on my own record which is WAY better than if I'd started at 68!
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Zainab Ibrahim
•This is so helpful! That's almost exactly my situation. Did your working income reduce the amount you got from your ex's record at all? And when you applied, did you do it online or go to the office in person? I'm worried about them processing my application incorrectly.
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Yara Sabbagh
No, my work income didn't affect the ex-spouse benefits at all since I was already past my FRA! That's the beauty of waiting until after your full retirement age. I tried to do it online but got confused with the application, so I ended up making an appointment at my local office. The in-person rep was MUCH more helpful than when I called. Bring all your paperwork - both marriage certificates, both divorce decrees, your birth certificate, and your SS card. They'll want to see everything. Make sure to use the specific words "RESTRICTED APPLICATION FOR DIVORCED SPOUSE BENEFITS" - write it down if you need to. Some of the younger reps don't even know this is still an option for people our age!
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Zainab Ibrahim
•Thank you! That's exactly what I needed to know. I've been dreading trying to do this over the phone since I can never get through anyway. I'll try to make an in-person appointment.
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Keisha Johnson
If you're having trouble getting through to schedule an appointment, I had great luck using Claimyr (claimyr.com). They got me connected to an actual SSA agent in under 20 minutes after I'd been trying for days on my own. You can see how it works in their video: https://youtu.be/Z-BRbJw3puU I used it when I needed to apply for my own restricted application last year. Way better than the constant busy signals and disconnections I was getting before.
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Zainab Ibrahim
•I hadn't heard of this service before - I'll check it out. I've been trying to get through on the phone for weeks with no luck.
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Connor O'Brien
•does it cost money? seems weird to pay just to talk to SS
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Keisha Johnson
•Yes, there is a fee, but I personally found it worth it. I had already spent hours redialing and taking time off work trying to get through. Sometimes your time is worth more than the cost. But you could also keep trying the regular number or try to schedule an in-person appointment online.
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Paolo Rizzo
Everyone giving advice here is mostly correct, but let me clarify a few technical points: 1. You're eligible for divorced spouse benefits because: - Your first marriage lasted 10+ years - You're currently unmarried - You're age 62 or older (you're 68) - Your ex is entitled to benefits (at 74, he presumably is) 2. Since you were born before Jan 2, 1954, you can use the restricted application strategy to receive ONLY divorced spouse benefits while your own retirement benefit continues to grow. 3. The benefit amount will be exactly 50% of your ex's Primary Insurance Amount (his benefit at full retirement age) IF that amount is higher than your own benefit would be at your full retirement age. If your benefit is higher, you'll get $0 as a divorced spouse benefit. 4. There is NO earnings test after FRA, so your work income won't reduce benefits. File SSA-2 (Request for Spouse's Benefits) and clearly state you're filing a restricted application for divorced spouse benefits only.
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Zainab Ibrahim
•Thank you for the detailed explanation. One question - if my own benefit at FRA would be higher than 50% of his, does that mean I can't use this strategy at all? Or just that I'd get $0 while still letting my own benefit grow until 70?
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Paolo Rizzo
•You can still file the restricted application, but you wouldn't receive any payment if your own benefit at FRA exceeds 50% of his PIA. The strategy still works in terms of allowing your own benefit to grow to age 70, but you wouldn't receive any divorced spouse benefits in the meantime. However, without knowing the specific benefit amounts, I'd still recommend applying. Many people are surprised to find their ex's benefit is higher than expected, especially if they had consistently high earnings throughout their career.
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QuantumQuest
I tried to do this same thing but after filling out all the paperwork they told me I earned too much at my job!!! Total waste of time. The rules are so complicated and they don't tell you upfront.
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StarSailor
•That's because you probably tried this before reaching your Full Retirement Age. Before FRA, the earnings test applies and can reduce or eliminate benefits. But since the original poster is 68 (past FRA), the earnings test no longer applies regardless of how much they earn. When exactly did you apply?
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QuantumQuest
•I was 63 so I guess that's why. No one told me I should wait! The whole system is ridiculous.
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Amina Sy
i would say just take your own SS now if its more than what youd get from the ex. all this complicated stuff just to wait until 70 might not be worth the hassle honeslty. is the extra 8% per year really worth waiting?
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Paolo Rizzo
•For many people, especially those in good health who expect to live into their 80s or beyond, waiting until 70 can mean tens or even hundreds of thousands of dollars in additional lifetime benefits. Each year of delay beyond FRA increases benefits by 8%, which is a guaranteed return you can't match elsewhere with similar risk. The restricted application strategy makes this even better since you can receive some benefits while waiting. It's definitely worth analyzing your specific situation rather than dismissing the strategy outright.
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Zainab Ibrahim
Thanks everyone for all the helpful responses! I'm going to try to schedule an in-person appointment to file the restricted application for divorced spouse benefits. It sounds like I need to be really clear about what I'm asking for and bring all my documentation. I'm still not 100% certain if my own benefit at FRA would be higher than 50% of my ex's, but it's definitely worth checking. He had a pretty high-paying career, so it might work out in my favor. If I have trouble getting an appointment, I might try that Claimyr service someone mentioned. I just want to get this process started since I've already missed out on potential benefits for months!
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