Confused about SS spousal benefits after divorce - can I still get auxiliary benefits while delaying my own until 70?
I'm turning full retirement age this month and planning to file for Social Security in January. My ex and I were married for 17 years before divorcing 12 years ago. He's 68 and already collecting his Social Security benefits. I called SSA yesterday thinking I had a clever strategy - apply for divorced spousal benefits on my ex's record now, then wait until I'm 70 to claim my own retirement benefit so it can grow with delayed retirement credits. The agent I spoke with said I don't qualify for any auxiliary spouse benefit because my own Primary Insurance Amount (PIA) is higher than 50% of my ex-husband's. Is this accurate? I thought I could choose which benefit to take first. Did the rules change at some point? I've been planning my retirement around this strategy for years, and now I'm completely confused about my options. If I really can't get any ex-spouse benefits, should I just file for my own retirement now or still wait until 70?
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Donna Cline
Unfortunately, the SSA rep was correct. The rules for this changed with the Bipartisan Budget Act of 2015. Prior to that change, people at FRA could choose to take just spousal benefits while letting their own retirement benefit grow until 70. This was called a "restricted application." But now, when you file for any benefit, SSA will give you the higher of either your own retirement benefit or the spousal benefit. This is called "deemed filing." Since your own PIA is already higher than 50% of your ex's, you wouldn't receive any additional money from the spousal benefit. You basically have two options: 1. Take your own retirement benefit now at your FRA (100%) 2. Wait until age 70 to maximize your benefit (132% of your PIA) The choice depends on your financial situation, health, and life expectancy. Each year you delay between FRA and 70 adds 8% to your monthly payment for life.
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Lucas Parker
•Thank you for explaining this so clearly! I had no idea about the 2015 rule change - I must have read outdated information. Is there ANY way to still get spousal benefits while letting mine grow? I thought divorced spouses had different rules than current spouses.
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Harper Collins
you might still have an option!! check when you were born - if it was before jan 2 1954 you can still do restricted application. i did this last year. born in 1953, took ex-spouse benefit at 66 and now waiting til 70 for mine!!
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Lucas Parker
•I was born in March 1958, so I guess I'm too late for that option? That's so frustrating - just 4 years difference and I would have had that choice.
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Kelsey Hawkins
The SocialSecurityAdminstration is always confusing ppl about there benefits!!! i tried for MONTHS to get through to them about my widow benefits vs my own and kept getting different answers everytime. The system is BROKEN!!! I finally got help when my neighbor told me about Claimyr (claimyr.com) - its a service that gets you through to a REAL SSA agent instead of waiting on hold forever or getting hung up on. I was skeptical but watched their demo (https://youtu.be/Z-BRbJw3puU) and tried it. Got through in 20 mins when I had been trying for WEEKS on my own!!! In your situation you definitely need to talk to a KNOWLEDGEABLE agent not just any random person who answers. Ask specifically for someone who understands divorced spouse benefits.
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Dylan Fisher
•Does this really work? I've been trying to get through to SS for three weeks about my SSDI application status and keep getting disconnected.
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Kelsey Hawkins
•It absolutely worked for me! I was about to give up completely before trying it. The SSA phone system is completely overwhelmed these days and most people never get through. With Claimyr I actually spoke to a human being who knew what they were talking about.
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Edwards Hugo
I can provide some technical clarification on your situation. The confusion often stems from misunderstanding how the calculation works in divorce cases. When calculating potential divorced spouse benefits, SSA follows these steps: 1. Calculate 50% of your ex-spouse's Primary Insurance Amount (PIA) 2. Compare that amount to your own PIA (not your actual benefit amount) 3. If your PIA exceeds 50% of your ex's PIA, you don't qualify for additional spousal benefits This comparison happens at the PIA level, before any reductions or increases for early/late filing are applied. So even if you wait until 70 to file for your own benefits (increasing them by 32%), the comparison is still made using your PIA amount. The fact that your ex is already collecting is good (requirement for divorced spouse benefits), and you meet the 10-year marriage duration requirement. However, if your own benefit calculation already exceeds half of his, there's simply no additional money available from the spousal benefit. Given your birth year (1958), you fall under the post-2015 rules that eliminated restricted applications for anyone born after January 1, 1954.
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Gianna Scott
•this is why the system is so UNFAIR!! my sister was born in 1953 and got to double dip with spousal and her own but because I was born in 1956 I couldnt do the same even though we both worked and paid in the same number of years!!! How is that fair?? Just because of when we were born???
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Edwards Hugo
•I understand your frustration. These cutoff dates in legislation often seem arbitrary. The 2015 budget act was primarily focused on reducing what lawmakers considered "loopholes" in the Social Security system. Those born before 1954 were essentially grandfathered in under the old rules. While it may seem unfair, it's similar to how other benefit changes have been implemented over Social Security's history, with phase-in periods and age-based cutoffs.
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Alfredo Lugo
Just want to add something most people don't realize - if your ex dies, the rules change completely! Then you'd be eligible for survivor benefits which could be up to 100% of what your ex was receiving (not just 50%). Since he's 68 and already collecting, this is something to be aware of for future planning, even though nobody wants to think about that scenario.
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Lucas Parker
•That's actually really helpful to know. I hadn't considered survivor benefits at all. So if my ex passes away, I could potentially receive his full benefit amount if it's higher than mine? Is there any way to know what he's receiving now so I can compare it to my own PIA?
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Donna Cline
•You're correct that survivor benefits work differently. If your ex passes away, you could receive up to 100% of what he was receiving (not just 50% of his PIA). However, SSA won't tell you what your ex-spouse is receiving - that's private information. You'd only find out the survivor benefit amount if/when you apply for it after his passing. But you could make an educated guess based on his work history - if he had higher earnings than you throughout his career, his benefit might be higher than yours. If you're unsure, it's best to file for survivor benefits if that unfortunate event occurs, as SSA will automatically give you the higher of the two benefits anyway.
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Lucas Parker
Thanks everyone for the helpful explanations. I feel much clearer about my options now. Since I was born in 1958, I'm subject to the newer rules and can't do a restricted application. I'm going to crunch some numbers to decide whether to claim now at my FRA or wait until 70. Given my family history of longevity (both parents lived past 90), I'm leaning toward waiting to maximize my lifetime benefit, but I need to make sure I can afford to wait financially. I still wish the SSA rep had explained all this to me on the phone! They just said "no" without explaining why or what my options were. Really appreciate everyone taking the time to walk me through this.
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