My husband is 67 and was married for over 10 years and is thus entitled to divorced spousal benefits if I am. I am divorced and was married for over 10 years, but I am 61 and will not turn 62 until March 2017, after the cut-off date for the new social security regulations. Our original strategy was for both of us to claim divorced spousal benefits when I turn 62 in March 2017. Is the benefit under RS 00202.045 gone with the passage of the new law? Can my husband still claim spousal benefits after I turn 62 on the basis that I would have been entitled to claim spousal benefits under RS 00202.045?

k,
The Bipartisan Budget Act of 2016 did not affect divorced spouse's benefits, including entitlement under Section RS 00202.045 of the Program Operations Manual System (POMS).
However, the exception in RS 00202.045 applies to terminations only. That is, a divorced spouse who is collecting divorced spouse's benefits remarries a qualifying individual meets the exception. A remarried person cannot become newly entitled to a divorced spousal benefit, regardless of what kind of benefits their spouse is or was receiving at the time they married.
Best,
Mike