I will be 66 on December 21, 2018 (grandfathered in). My ex was born April 27, 1954 (missed grandfathering in by 4 months)) and will be 64 when I turn 66. We were married 28 years and finally divorced December 21, 2016 to meet the 2 year deadline for divorced couples filing on each other's accounts. (yes, we heeded your advice and finished off a divorce started in 1999 due to the new social security rules). Now I am worried .. Can I collect on half of his benefits when I reach 66 and defer my own even though he is 3 months short of being grandfathered in under the new rules? And conversely, can he collect on half of mine when he reaches full retirement age? If I can collect on his, does he have to file first?

Hi,

Yes, it sounds like you meet all of the requirements to be able to file a restricted application for divorced spousal benefits only at age 66, and allow your own benefit rate to grow until age 70. It doesn't matter that your husband was born after January 2 1954 as far as your entitlement is concerned, but he will not be able to file for divorced spousal benefits without also being deemed to file on his own record (https://www.ssa.gov/planners/retire/deemedfaq.html).

Your ex does not have to be drawing his benefits in order for you to become eligible for divorced spousal benefits after your divorce has been final for 2 years. But, if your divorce became final in December 2016, you wouldn't be eligible for divorced spousal benefits until January 2019 unless your husband starts drawing his benefits before then. If he does, you could file for divorced spousal benefits starting with December 2018.

Best, Jerry