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Social Security divorce benefit timing - claim my lower SS at 62 then switch to ex-spouse benefit at FRA?

I just turned 62 last month and trying to figure out the smartest way to claim Social Security after my divorce. My ex and I split up 3 years ago after 22 years of marriage. He was always the big earner in our household (he's an engineer) while I worked part-time for most of our marriage. He's 64 now and planning to wait until his Full Retirement Age of 66 and 8 months to claim his benefits, which should be close to the maximum amount. My question is about TIMING and SWITCHING between benefits. If I claim my own retirement benefit now at 62 (which would only be about $1,100/month because of my work history), can I later switch to the ex-spouse benefit when I reach my Full Retirement Age of 67? I've heard that ex-spouse benefits could be 50% of his FRA amount, which would be MUCH better than my own benefit. Does this switching strategy still work? Or did those rule changes back in 2015 eliminate this option? I'm so confused by all the different advice I'm getting! If it matters, we were married way longer than the 10-year requirement, and I haven't remarried since the divorce. Thanks for any guidance!

Ravi Malhotra

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Unfortunately, the option to switch from your own benefit to a spousal benefit (or in your case, an ex-spousal benefit) at Full Retirement Age was eliminated by the Bipartisan Budget Act of 2015. This used to be called a "restricted application," but it's now only available to people born on or before January 1, 1954. When you file for benefits now, you're deemed to be filing for ALL benefits you're eligible for - your own retirement and any spousal/ex-spousal benefits. Social Security automatically gives you whichever is higher, but not both. If you claim at 62, you'll get your own reduced benefit UNLESS your ex-spousal benefit (which would be reduced for early filing too) is higher. Either way, there's no switching later.

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Isabella Costa

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Oh no, that's really disappointing! So there's no way to take my smaller benefit now and then switch to the larger ex-spouse benefit later? If I wait until my Full Retirement Age (67), would I then get the full 50% of his FRA benefit? Or is it better to just wait on claiming anything until then?

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The previous poster is right about the rule changes. I went through this exact situation in 2023. When you file for ANY Social Security retirement benefit now, they automatically consider ALL benefits you're eligible for - including ex-spouse benefits. This is called "deemed filing" and they basically give you whichever amount is higher, but not both and no switching later. Here's what I learned from my experience: 1. If you claim at 62, both your own benefit AND any ex-spousal benefit are permanently reduced (approximately 30% reduction from FRA amounts) 2. If you wait until your FRA (67), you'd get either your full retirement benefit OR 50% of your ex's FRA benefit, whichever is higher. 3. Your ex's decision about when HE claims doesn't affect your ex-spousal benefit amount. It's always based on 50% of his FRA benefit, not what he actually receives. I was in a similar situation and ended up waiting until 65 to claim. Not quite my FRA but a decent compromise.

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Omar Farouk

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thats good to know that when he claims doesnt matter for the ex spouse benefit! my ex is 4 years younger than me and hes planning to wait til 70 to get the biggest check. was worried id have to wait for him to claim first

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Chloe Davis

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Just want to add - be careful about claiming at 62 if you're still working! The earnings test can really bite you. In 2025, if you earn more than $22,750 before reaching Full Retirement Age, Social Security will deduct $1 for every $2 you earn above that limit. I claimed early and then got offered a good job opportunity, and SS took back almost half my benefits that year. They do adjust your benefit later to account for these months when benefits were withheld, but it's still a nasty surprise if you're counting on that income. Regarding your main question - you can estimate both benefit amounts on the SSA website using your my Social Security account. This will help you decide if claiming early makes sense.

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Isabella Costa

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Thanks for the warning about the earnings test! I'm only working part-time at a local bookstore now (about 20 hours/week), so my income is under $19,000/year. But I'll definitely keep that in mind if I pick up more hours.

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AstroAlpha

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my sisters friend waited till 67 (her FRA) and got more than HALF her ex husbands benefit!!!! not sure how but she said it was way better than taking early. she said she got 50% of his amount PLUS a little bit from her own record. call ssa and ask to talk to a tech expert not just the regular people who answer the phones they dont know as much

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Ravi Malhotra

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That's actually not possible under current rules. She either received her own benefit OR 50% of her ex's FRA benefit, whichever was higher. She can't get both or a combination. However, if her own benefit was very close to 50% of her ex's, the math might make it seem like she got a little extra, but that's not how the calculation works. You're right though that speaking with a Technical Expert at SSA is always a good idea for complex situations like this. Regular claims representatives may not be as familiar with ex-spouse benefit details.

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Diego Chavez

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I've been trying to get through to SSA for WEEKS about my divorced spouse benefits!! The wait times are INSANE - last time I was on hold for 2.5 hours and then got disconnected!!! I haven't been able to talk to ANYONE to answer my questions. Every time I call it's "we are experiencing higher than normal call volume" and then hours of waiting. The offices near me are appointment only and they're booked 3 months out! HOW is anyone supposed to get help?!? This is just RIDICULOUS!!!

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Have you tried using Claimyr? It saved me so much frustration when I was dealing with a similar situation last month. It's a service that gets you through to a live SSA agent without the ridiculous wait times. I was skeptical at first, but it actually worked - got me through to someone in about 20 minutes instead of hours of waiting. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/Z-BRbJw3puU It was such a relief to finally talk to a real person who could answer my questions about my divorced spouse benefits. They connected me with a technical expert who explained all my options clearly.

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One thing nobody's mentioned yet: if your ex-husband passes away (not wishing for that obviously), the rules change completely. As an ex-spouse, you'd be eligible for survivor benefits which can be up to 100% of what he was receiving (or entitled to receive). Survivor benefits have different rules than ex-spousal benefits. For example, you could take a reduced survivor benefit as early as age 60, or you could take your own retirement benefit first and then switch to the survivor benefit later (or vice versa). The "deemed filing" rules don't apply to survivor benefits. Just something to be aware of for future planning.

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Isabella Costa

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I didn't realize the rules were different for survivor benefits vs. ex-spouse benefits. That's really helpful information, though of course I hope not to need it anytime soon! He's in good health as far as I know.

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Omar Farouk

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my situation is kinda similar except im not eligible for much on my own record. i worked mainly as a stahm for most of our marriage (26 yrs!). divorced 5 yrs now. i called SS last year when i turned 62 and they told me its better for me to wait til my FRA (66+8mo) to get the full 50% of my exs benefit. if i took it early at 62 id only get like 35% of his benefit forever. made me mad that i have to wait but what can you do?

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You're making the right choice by waiting to your FRA if you can afford to. The reduction for taking ex-spousal benefits early is permanent and significant. At 62, it would be closer to 32.5% of your ex's PIA (Primary Insurance Amount) rather than the full 50% at your FRA. For anyone reading who's in a financial position to wait until their Full Retirement Age for ex-spousal benefits, it's almost always the better long-term choice unless you have serious health concerns or immediate financial needs.

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Isabella Costa

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Thank you all for the helpful responses. I think I'm understanding better now. Since I can't take my own benefit early and then switch to the ex-spouse benefit later, my options are basically: 1. Claim early at 62 and get either my own reduced benefit OR my reduced ex-spouse benefit (whichever is higher), but it's permanently reduced 2. Wait until my FRA at 67 and get either my full retirement benefit OR 50% of my ex's FRA benefit (whichever is higher) I need to crunch the numbers using my SSA account to see what makes the most sense financially. The extra money now would be helpful, but I also don't want to shortchange myself for potentially decades if I live a long time (my mom is 91 and still going strong!). I'll also check out that Claimyr service to talk to SSA directly. The last time I called, I waited over an hour and then got disconnected.

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Ravi Malhotra

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You've got it exactly right. And yes, your family longevity is definitely something to consider. The general breakeven point between claiming at 62 vs. FRA is usually around age 78-80. If you have reason to believe you'll live beyond that (like your 91-year-old mom!), waiting often makes more financial sense. One additional factor to consider: Cost of Living Adjustments (COLAs) are applied to a smaller base amount if you claim early. So not only is your initial benefit reduced by claiming at 62, but all future COLAs will be proportionally smaller too.

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