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Can I Still File For Only Divorced Spousal Benefits 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, the answer is no. Congress eliminated that strategy for everyone born after 1953 by passing a new law in October 2015. Specifically, the new law extends deeming of some applications to apply not only to reduced benefits, but also unreduced benefits. People born after 1953, like you, are now deemed to be filing for both benefits on their own account and for spousal or divorced spousal benefits, whenever they apply for either type of benefit. They then receive essentially the higher of the 2 benefits.

People born before 1954 were grandfathered under the new law, and still retain the option of filing just for a spousal or divorced spousal benefit at full retirement age, then switching to their own record at age 70. Also, the new law did not change the deeming rules for survivor benefits, so if your ex-wife dies before you reach age 70, it would still be possible for you to file on her account first and then switch to your own record at age 70.

Best, Jerry

Category: 
Posted: 
Jul 7 2016 - 1:15pm
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