Ask Larry

Is There Some Way To Use File And Suspend To Allow My Wife To Collect As A Spouse?

My spouse is 65, we are separated over 10 years, I am 62 and working.
We would like to finalize divorce.

I understand that if she applied for spousal benefits now, they would continue without 2 year interruption as an ex after divorce.

Since I don't collect benefits, she can't qualify to apply for spousal benefits. Is there any way for me to use a file and suspend strategy to get around this? Perhaps she would qualify for spousal benefits pending my removal of the suspension, and then following divorce could begin collecting as an ex?
Or does a long separation satisfy the 2 year divorce requirement?

Hi. No. You can't voluntarily suspend your benefits until you reach full retirement age (FRA). And, if you file for benefits prior to FRA, your benefits and any spousal benefits that your wife could qualify for would be subject to full or partial withholding if you work and earn more than the Social Security earnings test exempt amount (https://www.ssa.gov/benefits/retirement/planner/whileworking.html). Furthermore, if you remain married and if you voluntarily suspend your benefits at FRA or later your wife's spousal benefits would also be suspended. Only divorced spousal benefits can be paid while a worker's benefits are in voluntary suspense.

A separation does not satisfy the 2 year divorce requirement to enable a divorced spouse to be able to collect benefits on the record of an ex-spouse who is not yet drawing benefits. The earliest that your wife could potentially qualify for divorced spousal benefits is the earlier of a) 2 years after your divorce is final, or b) the month you start collecting your Social Security retirement or disability benefits.

It sounds like you and your spouse should strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully analyze the options available to you in order to determine your best strategy for maximizing your benefits.

Best, Jerry

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Posted: 
Apr 13 2021 - 11:58am
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