May I Draw On My Ex's Social Security Record?

Mar 4 2017 - 6:15am

Hello, I've been divorced 10 years. My ex is 70 and not working. I'm 63 and working. May I draw on his social security benefits? Thank you.

Hi,

Assuming that you were married to your ex for at least 10 years and are now unmarried, you would likely be at least potentially eligible for divorced spousal benefits now. However, if you file prior to full retirement age your benefit rate will be reduced, and you will be deemed to have also applied for reduced benefits on your own record. And, your benefits could be subject to full or partial withholding due to the Social Security earnings test (https://www.ssa.gov/planners/retire/whileworking2.html).

If you were born prior to January 2 1954, your best option may be to file for divorced spousal benefits only at age 66, and let your own benefit rate grow until age 70. You should strongly consider running the maximization software available on this website in order to determine your best filing strategy.

Best, Jerry