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Can My Ex Make Up for a Filing Mistake?

I am 66 and filed recently for Social Security ex-spousal benefits when I reached my full SS age of 66. I plan to switch to my own 32% higher benefit at 70. My ex-husband took his SS benefits at 62, even though I told him he could get ex-spousal benefits if he waited until 66, then switch to his own higher benefit at 70. Maybe he needed the money. He tends to not make astute financial decisions. He will turn 66 in later this year. Is it possible for him to suspend his own SS at 66 and file for ex-spousal benefits from 66-70? Or did he already get deemed for ex-spousal benefits when he took his own at 62? Under the new rules, if he does suspend, would that suspension stop my ex-spousal benefit? Or does that only apply to currently married spouses? My PIA is $106/month more than his PIA. I'd like to see him in a better financial position if he can afford it and it doesn't hurt me. We were married for 20 years and divorced even longer. Thanks, Elsie

Elsie, because you had not filed for your retirement benefit when he filed for his, he was not eligible for his divorced spousal benefit and so was not deemed to have filed for it. However, since he's already filed for his retirement benefit, even if he suspends it, he's now eligible only for his excess, not his full, spousal benefit, which could be very small or even $0 depending on your and his earnings histories. He's also missed the April deadline to suspend under the old rules, which means he can't receive another benefit while his retirement benefit is suspended. If he suspended from 66 to 70, he'd recoup most of the reduction he incurred for filing early, but he'd receive no benefits for those for years. Thanks, John

Posted: 
Jun 30 2016 - 7:15pm
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