I qualify for ex spousal payments: age 68, married for more than ten years, divorced for along time never filed for Social Security benefits as my plan was to wait to age 70. I have just learned I could have filed for ex spousal benefits. Questions: my ex has not filed for retirement yet he is 69 and plans to at age 70 and his benefit and mine are the same at age 70. Can I file an appeal to recapture the benefit that I was entitled to at at age 66? Should I claim my FRA now and is it possible to claim his benefit at age which would be the higher amount?

Hi,

No. Social Security applications for retirement or divorced spousal benefits can be retroactive for a maximum of 6 months. You could file an appeal once Social Security notifies you of their initial determination, but you're unlikely to be successful unless there is some issue involved such as misinformation (https://secure.ssa.gov/apps10/poms.nsf/lnx/0200204008) or a protective filing (https://secure.ssa.gov/apps10/poms.nsf/lnx/0200204010).

From your description it sounds like your best option would be to file for divorced spousal benefits ASAP, then file for your own retirement benefits at age 70. However, you may want to use the maximization software available on this website to be sure.

Best, Jerry