Ask Larry

Can I File For Divorced Spousal Benefits At Age 62 & Switch To My Own Record At FRA?

I was married for 16 years and then my wife and I divorced. I'm still single, almost 59, and pondering the best strategy to maximize my social security benefits. Is it possible that I could file for ex-spousal benefits at age 62, suspend them at about 66 years and 8 months (my full retirement age) and then immediately file for my full social security benefits? Her income over the years was significantly less than mine, but it would help me make it to my FRA. It doesn't appear that you can "double-dip" and claim both at the same time, lol!

Hi,

The answer is no. Even under the old rules, you couldn't file for reduced divorced spousal benefits before full retirement age (FRA) without also being deemed to apply on your own record. And, under the new rules passed by Congress in 2015 (https://www.ssa.gov/planners/retire/deemedfaq.html), you'll be deemed to be filing for both divorced spousal benefits and retirement benefits on your own record whenever you file for either one.

Since you were born after January 1 1954, the only way that you could apply for benefits on your ex's record without also filing on your own record is if she dies before you apply for your retirement benefits.

Best, Jerry

Posted: 
May 8 2017 - 12:57pm
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