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What Is The Truth About When I Can Draw From My Ex-Husband's Social Security?

I am confused about when to take ss… My ex-husband is 7 months younger than me and the ss agent said I can’t take my half of his ss until he is 66 and 4 months… is it possible for me to take early benefits on my ss then switch to his? What is the truth about when I am eligible to take his? I don’t trust to ss agent’s advise - when I called she seemed to not understand my questions…

Hi. Your ex-husband wouldn't have to be full retirement age in order for you to qualify for divorced spousal benefits. A divorced spouse can potentially qualify for divorced spousal benefits as early as age 62, provided that either a) their ex-spouse is drawing Social Security retirement or disability benefits, or b) their divorce from the ex-spouse occurred at least 2 years ago and their ex-spouse is at least age 62.

Therefore, if both you and your ex-spouse are at least age 62, you may be eligible for divorced spousal benefits now assuming that your marriage lasted for at least 10 years and your divorce occurred at least 2 years ago, or if your ex is drawing his benefits. However, assuming you were born after January 1 1954, whenever you file for either divorced spousal benefits or your own Social Security retirement benefits you'll be deemed to be filing for both benefits. In that case you could only qualify for divorced spousal benefits if your divorced spousal rate is higher than your own benefit rate.

If your ex-spouse hasn't yet reached age 62 or if your divorce occurred less than 2 years ago and if your husband isn't yet drawing his benefits, then you could potentially file for your own retirement benefits as early as age 62 and then claim divorced spousal benefits when and if you meet the requirements for those benefits in the future. You wouldn't really switch from drawing your own benefits to drawing divorced spousal benefits in that event, though. What would happen is that Social Security would continue to pay you your own benefits, plus a partial divorced spousal benefit if you qualify. And, either or both benefits would be reduced for age if you start drawing them prior to your full retirement age (FRA).

For example, say Amy files for her benefits at age 62. Amy's primary insurance amount (PIA), or full retirement age rate, would be $1,000, but Amy's rate is reduced for age to $712. Two years later, Amy's ex-husband reaches age 62 and his PIA is $2,400. Amy would then qualify for a divorced spousal benefit, calculated by first subtracting her PIA from 50% of her ex's PIA and then reducing the difference for age. In Amy's case, her unreduced divorced spousal rate would be $200 (i.e. $2400/2 - $1000), but that amount would be reduced to $152 since Amy is starting the benefit at age 64. Amy would then be paid both benefits, or $864 in total (i.e. $712 + $152). If Amy had instead waited until her FRA to start drawing benefits, she'd have received $1200 (i.e. her own full rate of $1000 plus a $200 unreduced excess divorced spousal benefit).

It sounds like you may want to 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

Posted: 
Mar 31 2021 - 7:00am
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