Ask Larry

Can I Take Divorced Spousal Benefits And Still Work?

Hi Larry,

I'll be 66 in January 2017 and I was married for 10 tears and divorced never married. Can I apply for divorce suppose benefits and still continue to work and take my benefits at the highest possible value at age 70.

Best, Zeyheb

Dear Zeyheb,

(I think tears rather than years is an interesting slip!)

Once you reach 66, you can file just for your divorced spousal benefit and earn as much as you want because the Earnings Test goes away after one reaches full retirement age. You can go into the office a few months before hitting 66 and file just for your divorced spousal benefit. You need to write this in the Remarks section of your application. Indicate clearly that you are not filing for your own retirement benefit, just your divorced spousal benefit.

Tell your ex, if she was 62 before January 2, 2016 that she can do the same.

best, Larry

Jun 24 2016 - 10:30am
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