Ask Larry

Does The New Law Have Any Impact On Me?

Hi! Thanks for this!! I am currently 68, retired the first of Jan this year and am holding off drawing my own SS until I hit 70. I am also not drawing anything on my ex-spouses' SS at this time and never have. Does the new law have any impact on me at this point given the above? I am assuming that this article has been updated and is current.
Thank you!

Hi,

Since you were born prior to January 2 1954, it doesn't sound like the new law would have any effect on your benefit options.

If your ex-spouse is at least age 62 or drawing Social Security disability benefits (SSDI), then it sounds like you may want to file for divorced spousal benefits as soon as possible. In order to be eligible, you must be currently unmarried and your marriage to your ex must have lasted for at least 10 years (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html). Assuming that you qualify, you could then draw divorced spousal benefits until you reach age 70, at which time to could switch to your own retirement benefits if that benefit rate is higher than your divorced spousal rate.

I don't have enough information about your circumstances to know for certain if the strategy outlined above would be best in your case, so you should strongly consider using our maximization software to explore and compare your options in order to determine which claiming strategy would be best in your case.

Best, Jerry

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Posted: 
Aug 13 2018 - 4:21pm
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