Does My Ex-Husband Need To Be Drawing His Own Benefits For Me To Get Divorced Spousal Benefits?

Feb 10 2017 - 7:00am

Does my ex-husband have to have filed for his own social security benefits before I can file for spousal only benefits? Or am I out of luck if he hasn't filed yet? I will be 66 this November. He just turned 67 but I think that he is still working (don't know for sure). We were married over 10 years and were divorced 30 years ago. I have never remarried. So I think I am grandfathered in on all the other criteria to file for spousal benefits only this year and wait until I am 70 and then file on my own benefits.


No, since your ex-husband is over age 62 and you've been divorced for more than 2 years, he does not need to be drawing his benefits in order for you to be eligible for divorced spousal benefits on his record.

Your best strategy will likely be to file a restricted application for divorced spousal benefits only effective at age 66, then file on your own record at age 70. You may, however, want to use the maximization software available on this website in order to be sure.

Best, Jerry