Confused about ex-spouse Social Security benefits - can I take mine early and switch later?

The rules changed back in 2015 with the Bipartisan Budget Act. Unfortunately, you can no longer take your own benefit first and then switch to the higher ex-spouse benefit later. Now when you file, you're deemed to be filing for all benefits you're eligible for, and you'll receive whichever amount is higher. As for the earnings test, for 2025 the limit is actually around $23,560 if you're under your Full Retirement Age (FRA). If you earn over that amount, SSA will withhold $1 for every $2 you earn above the limit. Once you reach your FRA, there's no earnings limit.

I had this EXACT same situation last year! What a headache trying to figure it all out. Divorced after 22 years and trying to maximize my benefits. I found out that if you wait until your Full Retirement Age, you can get 50% of your ex's benefit (if it's higher than yours). But if you take it early, it gets reduced permanently. And yes, that earnings limit is brutal - they took back a bunch of my benefits when I made too much at my part-time job. I ended up using this service called Claimyr (claimyr.com) to actually get through to a real SSA agent to discuss my options. Their video demo at https://youtu.be/Z-BRbJw3puU shows how it works. Saved me HOURS of being on hold. The agent explained everything about the ex-spouse benefits that the website never made clear!

The system is DELIBERATELY CONFUSING!! They don't want to pay what we're owed! I was married 19 years and when I applied for my ex-husband's benefits the SSA employee told me THREE DIFFERENT ANSWERS in the same appointment! How are we supposed to plan when they can't even get their story straight?? And that earnings limit is a JOKE. They penalize us for trying to work? I lost half my benefits last year because I had to pick up extra shifts when my rent went up. The whole system is designed to keep us confused and underpaid!!

my sister went thru this and jst took her ex husbands, it was way better than hers. she waited till 67 tho so she got the full amount. i think its like 50% of his? but she said if she took it at 62 it woulda been like 35% or something. the age thing makes a huge difference

Random question but does anyone know if it matters if your ex has remarried? My ex got remarried almost immediately after our divorce was finalized (we were married 22 years) and I'm wondering if that affects my ability to claim on his record? Sorry to hijack the thread but it seems like a similar situation to what you're going through.

Let me clarify a few things that might help your decision-making: 1) If you take ANY benefit before your Full Retirement Age (FRA), it will be permanently reduced. At 62, your own benefit would be reduced by about 30% permanently. 2) For ex-spouse benefits, if you claim before your FRA, you'll receive the higher of either your reduced benefit or a reduced portion of your ex's benefit. 3) The earnings test for 2025 is $23,560 if you're under FRA for the full year. If you earn more, SSA withholds $1 for every $2 above the limit. This isn't a penalty - they adjust your benefit later at FRA. 4) If you're still working and earning good income, it might be financially advantageous to wait until your FRA (66-67 depending on birth year) to claim any benefits. This maximizes both your own benefit and potential ex-spouse benefit. For your specific situation, I'd recommend making an appointment with SSA to compare actual benefit amounts before deciding. They can tell you exactly what you'd receive at different ages.

im confused about something... when they say your "full retirement age" what age is that exactly?? is it 65 or 67 or what? and does that affect when i can get my exs benefits vs my own??

anyone kno if you have to be divorced for a certain time before claiming? my divorce was final last yr after 18 yrs married

I'm in a very similar situation - divorced after 20 years and trying to navigate these benefit options. From what I've learned through my own research and talking to SSA, here are a few key points that might help: The "deemed filing" rule that Kristian mentioned is crucial - you can't game the system by taking your smaller benefit first anymore. When you file, you're automatically filing for the highest benefit you're eligible for. One thing I discovered that wasn't mentioned yet: if you're currently unmarried and your ex-spouse hasn't started collecting their benefits yet, you might need to wait 2 years from your divorce date before you can claim on their record (unless they're already collecting). Also, I found it helpful to create a Social Security account online at ssa.gov to see your estimated benefits at different ages. It shows both your own benefit estimates and mentions if you might be eligible for higher benefits on someone else's record. The earnings test can be tricky if you're still working, but as Luis pointed out, it's more of a deferral than a penalty. Still, if you're earning significantly more than the limit, it might make sense to delay claiming until you reduce your work hours or reach FRA. Have you considered getting a personalized benefit estimate from SSA that shows exactly what you'd receive at 62 vs your FRA? That comparison might make your decision clearer.

I want to echo what several others have said about getting an in-person appointment with SSA - it really is the best way to get clarity on your specific situation. I went through this decision process about two years ago after a 24-year marriage, and I was just as confused as you are now. One thing that really helped me was preparing specific questions before my SSA appointment. I wrote down things like: "What would I receive monthly at age 62 vs FRA for both my own benefit and ex-spouse benefit?" and "How would continuing to work at my current salary affect each scenario?" Having concrete questions helped the agent give me much more useful information. Also, don't feel bad about being overwhelmed by the SSA website - it really is confusing! The agents are much better at explaining things in plain English. In my case, I discovered that working a few more years would actually boost my own benefit enough that the difference between my benefit and the ex-spouse benefit wasn't as dramatic as I'd assumed. The earnings test is definitely something to factor in if you're planning to keep working. Even though they adjust for it later, having benefits withheld in the short term can create cash flow issues if you're counting on that income. One last tip: bring a notebook to your SSA appointment and don't be afraid to ask them to repeat or clarify anything. There's a lot of information to absorb, and you want to make sure you understand all your options before deciding. Good luck!

I'm a newcomer to this community but have been following this discussion closely as I'm facing a very similar situation. After reading through all these helpful responses, I wanted to share what I've learned from my own research and thank everyone for the valuable insights. I've been divorced for 3 years after a 26-year marriage, and like many of you, I was initially confused about the strategy of taking benefits early vs. waiting. What really struck me from this conversation is how important it is to get personalized estimates rather than trying to figure it out from general rules. I actually called SSA last week using that Claimyr service someone mentioned earlier - it really did help me get through to an agent faster than calling directly. The agent explained that in my case, continuing to work for a few more years would actually increase my own benefit substantially due to those being some of my highest earning years. For anyone still working through this decision, I'd especially echo the advice about preparing specific questions for your SSA appointment. I wrote down things like "What's the break-even age for taking benefits at 62 vs. FRA?" and "How do my projected future earnings affect my benefit calculation?" One thing I learned that wasn't mentioned here: if you're divorced but your ex-spouse hasn't filed for their benefits yet, you can still potentially claim on their record if you've been divorced for at least 2 years. This "independently entitled" status means you don't have to wait for them to file first. Thanks to everyone who shared their experiences - it's really helpful to hear from people who've actually navigated this process successfully!