Can I file for ex-spouse Social Security benefits at 62 while delaying my own until FRA?
Just turned 62 last week and trying to figure out the best strategy for claiming Social Security after my divorce. My ex and I were married for 25 years before divorcing 5 years ago (he's 64 and already collecting his benefits). I've heard conflicting information about my options and need some clarity. Is it possible to: 1) File for ex-spousal benefits now at 62 while putting my own retirement benefits on hold until I reach my full retirement age at 67? 2) Or should I just collect my own benefits at 62 with some kind of ex-spousal "top-up" if his benefit amount is higher? I worked part-time for most of our marriage raising our kids, so my benefit amount is quite a bit lower than his. I'm really confused about what strategy gives me the best long-term payout. My financial advisor mentioned something about the rules changing in 2015, but wasn't clear about how it affected my situation specifically.
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Manny Lark
Unfortunately you can't do option #1 anymore. That strategy (called "restricted application") was eliminated for people born after January 1, 1954 by the Bipartisan Budget Act of 2015. Since you're 62 now, you were born after that cutoff date. When you file at 62, you'll be deemed to be filing for ALL benefits you're eligible for - both your own retirement and any ex-spousal benefits. SSA will pay you the higher of the two amounts (not both). If your ex-spouse's benefit is significantly higher, you might get what's informally called a "top-up" where your benefit equals the higher amount.
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Liam Duke
•Thanks for explaining! So I can't delay mine while taking his. That's disappointing since I was hoping to let my own benefit grow until 67. So when you say I'll get the "higher of the two amounts" - does that mean if my estimated benefit is $1,400 and my ex-spousal would be $1,800, I'd get the $1,800? Or would I get some reduced amount since I'm claiming at 62 instead of full retirement age?
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Rita Jacobs
The previous commenter is exactly right. Since you're filing at 62, you'll face early filing reductions on BOTH benefit types. Your ex-spousal benefit at 62 will be reduced to about 32.5% less than what you'd get at your full retirement age. So if your ex-spouse's PIA (Primary Insurance Amount) is $3,000, a full 50% spousal benefit would be $1,500 at your full retirement age, but at 62 it would be reduced to about $1,012. This is why the timing of when you file is so important. Every year you wait between 62 and your FRA adds about 7-8% to your benefit amount.
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Liam Duke
•Oh that's a big reduction! I didn't realize the ex-spousal benefit would be reduced that much too. So it sounds like I need to compare my own reduced retirement benefit at 62 with my reduced ex-spousal benefit at 62, and I'll get whichever is higher?
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Khalid Howes
yep thats how it works now. i went thru this last year and was SHOCKED at how little i got by filing early. wish somebody had told me to wait!!! the SSA just gives you whichever is bigger (your own or the ex-spouse) but both get cut down if you take em early
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Ben Cooper
•The SSA website explains this but it's buried in pages of government jargon. Took me forever to figure it out too when I was in a similar situation. Had to read the same paragraphs like 5 times before I understood what they meant by "deemed filing" lol
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Naila Gordon
I spent THREE HOURS on hold with Social Security trying to get answers to these exact questions last month!!! The system is designed to confuse us, I swear. When I finally got through, they told me I had been "misrouted" and would need to call back. RIDICULOUS!!! 😡
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Cynthia Love
•I had the same frustrating experience trying to reach SSA by phone. I finally tried using Claimyr (claimyr.com) to get through to a real person at Social Security. They've got this service that calls SSA for you and then connects you once they reach a representative. Saved me hours of hold time. They have a video showing how it works here: https://youtu.be/Z-BRbJw3puU I was skeptical at first but it actually worked and I got my questions about ex-spousal benefits answered in one call.
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Darren Brooks
My sister just went through this. She got divorced after 22 years and was all excited about this "restricted application" thing she read about online. Then SSA told her she missed the cutoff by like 2 years and couldn't do it. She was so mad!
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Liam Duke
•It's really frustrating that I missed the cutoff for the restricted application! Seems like all the good strategies were eliminated right before I could use them. I wonder if there are ANY strategies left that could help maximize my benefits.
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Manny Lark
To answer your question about the reduction: Yes, both benefit types get reduced for early filing. At 62, your retirement benefit is reduced by about 30% from what you'd get at FRA, and your spousal benefit is reduced by about 32.5%. So if your FRA retirement benefit would be $1,400, at 62 it's about $980. If your FRA ex-spousal benefit would be $1,800, at 62 it's about $1,215. SSA would pay you the higher amount ($1,215), not both. And unfortunately, if you take the ex-spousal benefit now, your own retirement benefit doesn't continue growing until 67 - you're deemed to be filing for both.
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Liam Duke
•Thank you for breaking down the math! That makes it much clearer. Looks like I'd still do better with the reduced ex-spousal benefit than my own reduced benefit. I just wish I could let my own benefit grow while collecting his, but sounds like that option is off the table now.
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Khalid Howes
my ex makes waaaaay more than me so even with the reduction i still took the ex spousal benefit. just do the math and see whats better for YOU. nobody else has ur exact numbers
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Naila Gordon
•This is SO confusing! I got different answers from TWO DIFFERENT SSA representatives when I called about my divorce benefits. First one said I could get 50% of my ex's benefit PLUS my own. Second one said no way, just the higher amount. Who's right???
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Rita Jacobs
One strategy to consider: If you're still working or have other income sources, you might want to wait until your Full Retirement Age to file for any benefits. That way you'll avoid both the early filing reductions AND the earnings test penalty if you're still working. Every year you delay filing between 62 and FRA adds approximately 7-8% to your benefit amount. This increase is permanent for the rest of your life, which can be significant if you expect average or above-average longevity.
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Liam Duke
•That's good advice. I am still working part-time and plan to continue for a few more years. I didn't even think about the earnings test! I'll have to look at my expected income and see if that would reduce my benefits further. Maybe waiting until at least 65 or 66 would be smarter than rushing to file at 62.
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Ben Cooper
The whole system is needlessly complicated. When I filed for benefits on my ex's record, the SSA agent told me I should have waited until FRA but by then it was too late - once you file early, you're stuck with the reduced amount forever. Just make sure you understand all the implications before you submit that application!
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Manny Lark
•That's an excellent point about the permanence of the reduction. Once you accept a reduced benefit by filing early, that reduction (minus COLA increases) stays with you for life. The only exception is if you repay all benefits within 12 months of filing and withdraw your application, but that's rarely practical for most people.
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Darren Brooks
Didn't they also change it so if your ex dies you can switch to survivor benefits? Those work differently I think. My aunt did that and got more money when her ex passed away even though she started regular benefits early.
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Rita Jacobs
•Yes, survivor benefits are treated differently than spousal/ex-spousal benefits. If your ex-spouse passes away, you can receive survivor benefits as early as age 60 (or 50 if disabled), and these can be up to 100% of what your ex was receiving. Importantly, even under the new rules, you CAN file for survivor benefits only and delay your own retirement benefit until 70 to maximize it. This specific strategy still works because survivor benefits weren't affected by the 2015 law changes.
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