Can I Get Benefits At Age 62 On My Ex-Spouse's Record?

Apr 17 2017 - 5:03pm

Hi. I have a question im trying to find an answe to maybe you can help and thank you in advance. I turn 62 in may ex spouse turns 60 also in may. I will be divorced 2 years end in dec 2017. Can i take early retirement at 62 based on spousal benefit and delay my full retirement til 66 and 2 months or should i just take early retirement on my own. I only work part time mininum wage. Im very confused about the divorce spouse benefit and help you can give would be much appreciated. Thank you. Kar

Hi Kar,

The soonest that you could be eligible for divorced spousal benefits is when your ex-spouse reaches age 62, unless your ex starts drawing disability benefits before then. And, you'll only be eligible for divorced spousal benefits if 50% of your ex's full retirement age rate (PIA) is higher than your own PIA.

If you file for reduced retirement benefits on your own record at age 62, you'll be required to file for divorced spousal benefits as soon as you are first eligible for them. And, both benefits would be reduced if you start drawing them before your full retirement age. Since you were born after January 1 1954, you are not permitted to apply for either retirement or divorced spousal benefits without being deemed to apply for both (https://www.ssa.gov/planners/retire/deemedfaq.html).

Your best filing strategy depends largely on the relative amounts of your own and your ex's retirement benefit rates. You may want to consider running the maximization software available on this website in order to explore all of your filing options.

Best, Jerry