Ask Larry

Could I Start Collecting On My 1st Husband's Record Next Month And Change To My 2nd Husband's Record In 2024?

My first husband turns 62 on December 17th of this year (2017). My second husband (who will get far more than my first for social security) won't turn 62 until 2021. First marriage lasted 23 years, second lasted 13. I am 60. I had planned to start collecting on my second husbands SS in 2024 when I am 67 years old. Would I be able to start collecting on my first husbands SS next month and change it to my second husbands in 2024?

Hi,

Not exactly. First of all, you couldn't draw divorced spousal benefits on a living ex's record until you are at least age 62. And based on my understanding of the new deeming rules passed by Congress in 2015 (https://www.ssa.gov/planners/retire/claiming.html), since you were born after January 1 1954 you will not only be deemed to have filed for benefits on your own record whenever you file for divorced spousal benefits, but also for divorced spousal benefits on all records on which you could be entitled to benefits. Therefore, if you file for benefits on your first husband's record at age 62 you would also be deemed to have filed for divorced spousal benefits on your second husband's record as soon as you meet the requirements for those benefits, which would likely be when your second husband turns age 62.

Before filing for any benefits, you should strongly consider using the maximization software available on this website in order to compare all of your options and determine your best overall filing strategy.

Best, Jerry

Posted: 
Nov 25 2017 - 7:09am
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