Ask Larry

Could I Have Drawn Half Of My Ex's Benefit Rate And Waited Until Age 70 To File For My Own Benefits?

I was married for 25 years when my husband wanted a divorce. I was 53 y/o when our divorce was final.
He is 2 yrs younger than me. I have never remarried and neither has he.
I thought that I either received 1/2 of my husband's SS or all of my own. 1/2 of his was not as much as all of mine.
I was born in 1944 and I think age 66 or 66 1/2 was the age I could draw my full SS. Which ever was when I began drawing mine. I never filed for half of his; I thought if I began drawing 1/2 of his, that was what I would have to draw the rest of my life. I was never advised of any other choice.
I am now 73 y/o and still working prn as an RN because I need the money.
Recently, I've talked with a couple of friends who's husbands died and they began drawing their husband's
full SS and waited until they were 70 y/o to draw their own.
I was never advised that I could have received 1/2 my husband's SS and waited to age 70, then receive my own benefits at 70 which, I think, might be significantly higher, but not sure. I recently went to the SS office to ask if I could have done that even though my husband did not die and was told "yes" I could have, but can't go back and change it. I just talked to a girl at a window-- not a meeting with a representative to really discuss it in detail. I've asked for an appointment to talk to a SS representative, which is coming up Oct 26, 2017, because no one discussed that option with me when I first filed and all the written information in the form of SS information via pamphlet I received did not address that option either.
I don't know if, in case, drawing 1/2 my husband's until I turned 70 y/o would have been a better choice, if there is any chance I can go back. That's what I'm trying to figure before I have the meeting but it's confusing to me--then don't know if it is possible to go back--even pay them back some money if it resulted in a better income for me in the long run.
My ex started drawing his at age 62 (he retired at 57 y/o & was drawing retirement then). I would have been 64 when he started drawing. I have been reading some of the questions other people asked you and your answers and think I could have begun drawing 1/2 his SS at age 64, when he was 62 & started drawing.
It's all very confusing to me and I'm not sure if I should have made a different decision and if I can now.
Do you know anything about whether I could have drawn 1/2 his--then all mine at age 70? And do you know any advise, if I could have, about things I should know in advance of the meeting that might help me?
Thank you, in advance, for any answers and advise you might have. Jan

Hi Jan,

Yes, it sounds like you could have opted to file a restricted application for divorced spousal benefits only when you reached your full retirement age (FRA) of 66, and allowed your own benefit rate to grow until age 70. You couldn't have done that prior to FRA, though, or else you would have been deemed to be filing for both retirement benefits and divorced spousal benefits, in which case you would only have received essentially the higher of the 2 rates. From your description, filing for divorced spousal benefits only at FRA and then switching to your own account at age 70 probably would have been your best option, but it's unlikely that you could get a do-over at this point.

Social Security is not actually required to explain all of your options to you, although their claims representatives are trained to do so. So, unless a Social Security representative actually gave you misinformation (https://secure.ssa.gov/apps10/poms.nsf/lnx/0200204008) about your right to apply for divorced spousal benefits only, you're probably stuck with the status quo. Even if that's the case, though, you may still qualify for surviving divorced spousal benefits if your ex's benefit rate is higher than yours and he dies before you.

Best, Jerry

Category: 
Posted: 
Oct 8 2017 - 7:53pm
MaxiFi software running on a laptop
Get What's Yours!
Discover tens of thousands in extra retirement dollars with Maximize My Social Security software!
  • Find your maximized strategy
  • Unlimited what-ifs
  • Step-by-Step filing instructions
  • Our software's lifetime-benefit increase for an illustrative couple earning $65K each and planning to take retirement benefits at 62.

    Results will differ based on your specific case and filing strategy.

Getting Started is Easy
Web-based software. Works on ALL browsers. No download.