Will income affect my ex-spouse Social Security benefits at 63? Confused about earnings limit
I'm trying to figure out the best strategy for my Social Security benefits and could really use some advice. I'm currently 63 and thinking about filing for ex-spouse benefits. My ex-husband is 68 and I believe he's already collecting his retirement. We were married for over 15 years before divorcing. I'm still working full-time and making about $45,000 annually. What I'm confused about is whether there's a penalty or earnings limit if I start collecting on my ex's record now while continuing to work? Will they reduce my benefit amount based on what I earn? I'd rather wait if I'm going to lose a big chunk due to the earnings test. Also, if I start collecting ex-spouse benefits now, can I still switch to my own benefit later if it would be higher? Sorry for all the questions, but the SSA website is so confusing and I can't get through on the phone. Thanks for any help!
22 comments
Owen Devar
Yes, you will be subject to the earnings limit if you claim ANY Social Security benefits before your Full Retirement Age (FRA). For 2025, if you earn over $22,500, SSA will withhold $1 in benefits for every $2 you earn above that limit. Since you're making $45,000, that's $22,500 over the limit, so they'd withhold about $11,250 in benefits for the year. Also, the "file on ex-spouse now, switch to your own later" strategy (called restricted application) is no longer available for anyone born after January 1, 1954. When you file for any benefit now, you're deemed to be filing for all benefits you're eligible for, and you'll get the higher of the two amounts.
0 coins
Brooklyn Knight
•Oh no, that's not what I was hoping to hear! So there's really no advantage to claiming early then, is there? I was hoping I could collect something on his record now while still letting my own benefit grow. Do you know if the earnings limit still applies after I reach my full retirement age?
0 coins
Daniel Rivera
I was in almost the exact same situation a few years ago! I tried claiming on my ex's record at 62 while still working part-time, and it was a DISASTER. SSA took back almost everything because of that stupid earnings limit. I had to pay back thousands and it was a paperwork nightmare. If you're making $45k, you'll lose most of those ex-spouse benefits anyway, so it might not be worth the hassle. The only way around this is to wait until your Full Retirement Age (which is probably 66 and some months for you). Once you hit FRA, the earnings test goes away completely and you can earn as much as you want with no penalty.
0 coins
Sophie Footman
•this is why the system is so messed up... penalizing people for working??? makes no sense. my sister went thru the same thing.
0 coins
Connor Rupert
I'm going through this exact situation right now! Are you me? Lol! I just turned 64, was married 22 years, and decided to claim on my ex's record while still working. Just wanted to share my experience from the past 8 months. First, it took FOREVER to get an appointment with SSA. I tried calling for 3 weeks straight and either got disconnected or was on hold for hours. I finally used Claimyr.com to get through to a real person at SSA to schedule my appointment. There's a video showing how it works here: https://youtu.be/Z-BRbJw3puU After I finally got an appointment, they explained everything about the earnings test. I decided to go ahead anyway since my ex had a much higher earning record. Just be prepared that with your income, they'll withhold a significant portion of your benefits until you reach your full retirement age.
0 coins
Brooklyn Knight
•Thank you for sharing your experience! I'm definitely having the same trouble reaching anyone at SSA. I'll check out that service you mentioned - anything is better than getting disconnected after waiting on hold for an hour. If you don't mind me asking, do you regret your decision to claim early or has it worked out okay despite the withholding?
0 coins
Molly Hansen
just waite until FRA!! not worth the hassel otherwise. i cleamd early and regert it. they took most of it back anyway cuz i was working
0 coins
Brady Clean
•Same. My brother tried to be clever with this and it backfired. The paperwork alone was a nightmare.
0 coins
Skylar Neal
Let me clarify some important points about ex-spouse benefits and the earnings test: 1. The earnings test applies to ALL benefits before FRA, including ex-spouse benefits. The 2025 limit of $22,500 means you'd lose approximately $11,250 of benefits based on your $45,000 income. 2. Once you reach your Full Retirement Age (likely 66 and 6-10 months based on your current age), the earnings test disappears completely. 3. If you claim now, you're deemed to be filing for ALL benefits - both your own retirement and the ex-spouse benefit. You'll receive the higher of the two amounts. 4. If your own benefit at 70 would be higher than the ex-spouse benefit, it might make sense to wait until then to file. Ex-spouse benefits max out at your FRA (they don't grow after that). 5. Remember that ex-spouse benefits are up to 50% of your ex's FRA benefit amount, not what he's actually receiving. Given your income level, waiting until at least FRA would save you from the complications of the earnings test.
0 coins
Brooklyn Knight
•Thank you for that detailed explanation! I didn't realize the ex-spouse benefits stop growing at FRA while my own can continue to grow until 70. That's really helpful information. So it sounds like I should probably just wait until my FRA to make any decisions. I appreciate everyone's help!
0 coins
Brady Clean
My sister went through something like this. She was still working at 64 and tried to claim on her ex's record. SSA ended up taking most of it back because of her earnings. It created a lot of confusion with her taxes too. Just something else to consider.
0 coins
Sophie Footman
•ugh the tax issues are the worst part! they don't explain any of that up front!
0 coins
Owen Devar
Another important factor to consider: If you wait until your Full Retirement Age, you can file a "restricted application" for just the ex-spouse benefit IF you were born before January 2, 1954. This would allow you to collect 50% of your ex's benefit while letting your own benefit continue to grow until age 70. However, if you were born on or after January 2, 1954, this option isn't available due to the 2015 budget changes. In that case, you're deemed to be filing for all available benefits whenever you file. Based on your age (63), you were likely born in 1961-1962, so unfortunately the restricted application wouldn't be available to you.
0 coins
Brooklyn Knight
•I was born in 1962, so I guess that option is off the table for me. It's frustrating that they changed the rules - that would have been perfect for my situation. Thank you for explaining this so clearly though.
0 coins
Daniel Rivera
Something else to think about - have you checked what your own benefit would be compared to the ex-spouse benefit? If your own work record is strong, the ex-spouse benefit (which is capped at 50% of his FRA amount) might not even be higher than your own. You can check this on the MySocialSecurity portal online. In my case, I was surprised to find my own benefit was actually higher than what I'd get from my ex's record, even though he earned more than me, because I worked consistently for 40+ years while he had some gaps in his work history.
0 coins
Brooklyn Knight
•That's a good point. I've worked pretty consistently throughout my life, but there were a few years where I earned less while raising our kids. I need to create a MySocialSecurity account and check those estimates. I've been putting it off because I heard it was complicated to set up, but I should just do it.
0 coins
Molly Hansen
dose anyone no if the $22,500 limit is for the hole year or monthly? like what if you only work part of the year?
0 coins
Skylar Neal
•The earnings test is calculated on annual earnings, but Social Security applies it monthly. If you earn over the monthly equivalent of the annual limit in any month, they may withhold benefits for that month. However, they do an annual reconciliation at tax time and will refund any benefits that were improperly withheld if your total annual earnings ended up being under the limit.
0 coins
Connor Rupert
After dealing with my own situation, here's my practical advice: wait until your Full Retirement Age if you can. The earnings test is just the first complication - there's also the tax implications (up to 85% of SS benefits can be taxable depending on your income) plus the administrative headache if they need to recover overpayments. If you absolutely need the money now, then it might be worth claiming despite the reductions. But if you can hold out another 3-4 years until your FRA, you'll save yourself a lot of paperwork and potentially get more money overall.
0 coins
Brooklyn Knight
•Thank you - this is really practical advice. I don't absolutely need the money right now, so waiting is probably my best option. I just hate the feeling of leaving money on the table if I could be collecting something, but it sounds like the earnings test would take back most of it anyway.
0 coins
Sophie Footman
my neighbor tried doing what ur talking about and ended up owing ssa money at the end of the year!!! be careful cuz they don't always explain everything up front!!
0 coins
Brooklyn Knight
•Oh wow, that's concerning! The last thing I want is to end up owing money back to Social Security. Thanks for the warning.
0 coins