Social Security ex-spouse benefits with 7-year age gap - Can I switch from my own SS to higher ex-spouse benefits later?
I've been stressing about my retirement planning for weeks now. I'm 58 and was married for 13 years before divorcing in 2018. My ex is significantly younger (51 now) and has always earned way more than me - I'd guess their lifetime earnings are probably triple mine. I know I can claim reduced benefits on my own record at 62, but I'm wondering about strategy here. Since my ex won't even reach their FRA until after I turn 70, can I start with my own reduced benefits at 62 and then later switch to ex-spouse benefits? I understand I'd get 50% of their FRA amount, and I'm pretty sure that would be higher than my full benefit even with the reduction for claiming early. Do I have to wait until they file for their own benefits? Or can I file on their record once they're eligible even if they haven't filed yet? The SSA website is so confusing on this, and I can't get through on the phone to ask questions. Appreciate any insights from folks who have navigated this!
18 comments
Omar Hassan
You're asking about something called "divorced spousal benefits" and there are specific rules that apply here. Since your marriage lasted more than 10 years, you DO qualify for benefits on your ex's record. Here's what you need to know: 1. You can claim divorced spousal benefits as long as you've been divorced for at least 2 years, regardless of whether your ex has filed for their own benefits or not. 2. The age gap doesn't matter for eligibility purposes. 3. If you claim your own benefits at 62, you'll get a reduced amount (about 70% of your full retirement age benefit). 4. When filing for any benefit before your full retirement age (66+), SSA automatically gives you the higher of either your own benefit or the spousal benefit. This is called "deemed filing." 5. You can't file for just one benefit and then switch to another UNLESS you were born before January 2, 1954 (which it sounds like you were). So yes, your strategy could work if you were born before 1954. If born after that date, deemed filing rules would apply and you'd be locked into whichever benefit is higher when you first file.
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Freya Christensen
•Thank you for the detailed response! Yes, I was born in 1967, so unfortunately after the 1954 cutoff date you mentioned. So if I understand correctly, when I apply at 62, they'll automatically compare my benefit to the ex-spouse benefit and give me whichever is higher? And I'd be stuck with that choice (with cost-of-living adjustments of course)? Does that mean my best strategy would be to wait until my ex reaches at least 62 before I file for anything? Or should I just file at my FRA and take whatever is higher at that point?
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Chloe Robinson
i went thru similar situation. dont bother calling ssa directly you'll wait for HOURS and might not even get thru. try claimyr.com if u need to actually talk to someone at SSA. worked for me when i had similar questions about ex spouse benifits. they got me connected to ssa in like 20 mins instead of waiting all day. see how it works here https://youtu.be/Z-BRbJw3puU
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Freya Christensen
•Thanks for the suggestion! I'll check it out. I've called the SSA five times now and either get disconnected or hear that the wait time is over 2 hours. It's so frustrating when you just need to ask a few specific questions about your situation.
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Diego Chavez
The previous answer has some INCORRECT information. Since you were born after January 2, 1954 (you said you're 58 which means born in 1967), the deemed filing rules apply to you no matter WHEN you file. This means you CAN'T choose to take just your benefits now and ex-spouse benefits later - you'll always get whichever is higher. BUT - and this is important - your ex-spouse doesn't need to be collecting benefits for you to collect on their record. They just need to be ELIGIBLE for benefits (so at least 62). Given your 7-year age gap, when you're 62, your ex will only be 55 and not yet eligible. So at 62, you could only get your own reduced benefits. When your ex turns 62 (when you'll be 69), then Social Security SHOULD automatically increase your benefit if 50% of your ex's benefit would be higher than what you're receiving. In your situation, waiting until your own FRA might make more financial sense than taking reduced benefits at 62.
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NeonNebula
•This is right!! I learned this the hard way. Took my own at 62 thinking I could switch later but nope, stuck with it forever. They don't tell you this stuff clearly!
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Anastasia Kozlov
Everyone here is forgetting something important! Even though the "file and switch" strategy isn't available to you because of your birth year, there's STILL a calculation you need to consider. When your ex turns 62 (when you'll be 69), you would become eligible for ex-spouse benefits. At that point, SSA will compare: 1. Your own retirement benefit that you're already receiving (reduced for early filing) 2. Your potential ex-spouse benefit (which would be 50% of their FRA amount, but ALSO reduced because you claimed before your FRA) They'll pay you the higher amount. But here's the key - if you file at 62, BOTH your own benefit AND any potential ex-spouse benefit will be permanently reduced! So you need to calculate whether your own benefit at FRA (or even delayed to 70) might be better than a reduced ex-spouse benefit. This will depend on your actual earnings history vs. your ex's.
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Freya Christensen
•Oh wow, I didn't realize that filing early would permanently reduce the ex-spouse benefit too! That definitely changes things. I was hoping to get my reduced benefit from 62-69, then switch to a full 50% of their PIA when they turned 62. Sounds like I'd only get a reduced percentage of their PIA if I've already filed early on my own record. This is getting complicated!
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Sean Kelly
just call ur local office thats what i did. got answers right away dont listen to ppl online
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Zara Mirza
•Have you tried calling SSA lately?!? I tried calling my local office FIVE TIMES last month and never got through to a human being!!! The system is BROKEN and they don't care about helping people understand their benefits. I've given up on phone calls and just made an in-person appointment which is SIX WEEKS away. SIX WEEKS!!! It's ridiculous what we have to go through just to get basic information about OUR MONEY!!!
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Diego Chavez
I want to clarify something important about ex-spouse benefits that hasn't been mentioned yet. If you're divorced, but your marriage lasted at least 10 years, you can get benefits on your ex-spouse's record if: 1. You are unmarried 2. You are age 62 or older 3. Your ex is entitled to Social Security retirement or disability benefits 4. The benefit you're entitled to receive based on your own work is less than the benefit you'd receive based on your ex's work The key is point #3 - your ex needs to be ENTITLED to benefits (meaning they've reached age 62), not that they've actually FILED for benefits. In your case, with a 7-year age gap, this means you can't claim on their record until they reach 62, which is when you'll be 69. By that point, waiting one more year to claim your own benefit at 70 (with delayed retirement credits) might actually give you more than the ex-spouse benefit would.
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Freya Christensen
•This makes sense. So basically, I can't even access ex-spouse benefits until they're 62, and by then I'll be almost 70 anyway. At that point, I might as well have maximized my own benefit. I'd still like to understand though - when my ex turns 62, would SSA automatically check if 50% of their benefit is higher than my own and switch me if it is? Or do I need to specifically apply for ex-spouse benefits at that point?
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Omar Hassan
To answer your follow-up question: No, SSA does NOT automatically switch your benefits. You would need to specifically apply for ex-spouse benefits when your ex turns 62. Based on everything in this thread, here are your options: 1. File for your own reduced benefits at 62. When your ex turns 62 (when you're 69), apply for ex-spouse benefits. You'll get the higher of the two, but both would be reduced because you filed early. 2. Wait until your Full Retirement Age (probably 67) to file for your own unreduced benefits. When your ex turns 62, apply for ex-spouse benefits. You'd get the higher amount, and your own benefit wouldn't be reduced. 3. Wait until your ex turns 62 (when you're 69) and file for both your own benefit (with delayed retirement credits) AND ex-spouse benefits simultaneously. You'd get the higher amount. Option 3 is likely to give you the highest monthly amount, but Option 1 means you'd get some benefits for 7 years earlier. It's a cash-flow vs. maximum-benefit decision.
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Freya Christensen
•Thank you SO much for breaking it down like this! It really helps to see the options laid out clearly. I think I need to do some calculations based on my actual earnings history to see which path makes the most sense. I'm leaning toward option 2 - filing at my FRA and then checking on ex-spouse benefits when they turn 62. I appreciate everyone's help in understanding this complicated topic!
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Zara Mirza
OK I'M CONFUSED!!! I thought that if you were married for 10+ years you could claim 50% of your ex's benefit REGARDLESS of when they claim??? Isn't that the WHOLE POINT of the divorced spouse benefit?? That you don't have to coordinate with them?? Why is everyone saying you have to wait until your ex is 62? That makes NO SENSE to me and defeats the purpose of the benefit!! Also my cousin's friend got divorced after 11 years and she's getting benefits on her ex-husband's record RIGHT NOW even though he hasn't filed yet so I KNOW it's possible!!!
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Diego Chavez
•You're confusing two different rules: 1. You don't have to coordinate WITH your ex-spouse (they don't need to file first, and you don't need their permission) 2. BUT your ex-spouse still needs to be at least 62 (eligible for benefits) before you can claim on their record Your cousin's friend's ex-husband is presumably at least 62, which is why she can claim on his record even if he hasn't filed yet. The original poster's ex is only 51, so they wouldn't be eligible for another 11 years. The "not having to coordinate" part means once the ex is 62+, you don't need them to actually file for benefits before you can claim on their record.
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NeonNebula
Been there done that with the ex-spouse stuff. Just remember you need ur marriage certificate AND divorce decree when you apply! They made me go home and come back when I didn't have both. Super annoying since I had to take another day off work.
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Freya Christensen
•That's a great tip, thank you! I think I know where my divorce decree is, but I'll have to hunt down the marriage certificate. It's been so long I'm not even sure where I put it.
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