Ask Larry

Do I Have To Wait Until My Ex-Spouse Turns 62 To Apply For Benefits From Him?

I turned 62 on oct 31, 2020, i filed for ss 3 months before my birthday, i qualify to get my ex husbands ss when he turns 62 on feb 2, 2022. His is substantially more than mine. My question is, do i have to wait until he turns 62, or can i apply 3 months before like i could with my own ss?

Hi. You can apply up to 4 months in advance of the month that you want to claim divorced spousal benefits. Your ex-spouse does need to be at least age 62 or be drawing his benefits in order for you to meet the requirements for divorced spousal benefits, though. And, if he isn't yet drawing his benefits then your divorce must have become final at least 2 years prior to the month that you claim benefits.

Based on your ex's birthdate It sounds like you could potentially qualify for divorced spousal benefits as early as February 2022, so you could file an application as early as October 1st 2021.

Best, Jerry

Posted: 
Oct 22 2021 - 8:36am
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