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Can I Still Apply For Divorced Spousal Benefits Only At Age 66?

Dr. Kotlikoff - While I read the prior edition of your book and purchased numerous copies for give-aways to friends, I have not yet obtained the updated edition. My question is personal to my situation. In August 2016 I will turn 62. Although now divorced, I was married for over ten years and have not remarried. My plan was to defer taking SSA benefits using the following strategy: at 66 take the spousal share from my former spouse, then at 70 take my own "full" share. Knowing you cannot predict four years ahead, is that strategy still available currently? Thanks!

Hi,

Unfortunately, because you were born after 1953, you will no longer be able to use that filing strategy. Congress passed a new law at the end of October 2015 that changed the deeming rules for everyone born after January 1st, 1954. Under the new law if you apply for divorced spousal benefits at any age, you will also be deemed to be applying for benefits on your own record, and will receive essentially the higher of the 2 benefits. So, if your own full retirement age benefit amount exceeds one-half of your ex-spouse's, you will not be eligible for any divorced spousal benefits, regardless of when you apply.

Best, Jerry

Posted: 
Jul 13 2016 - 12:15pm
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