Ask Larry

When Can I File for My Divorced Spousal Benefit?

Hi, I am 64 yrs old planning to take my ss at 66. My ex husband is 62 yrs old he made most of our income for 25 yrs. Do I have to wait until he is 66 yrs old to collect his too? Thanks, Sue

Hi Sue, just to be clear, you wouldn't be collecting "his" benefit, you'd be collecting your divorced spousal benefit based on his record. If he has filed for his retirement benefit, which he can do as early as 62, you can file for your divorced spousal benefit. Although you'll be deemed to have filed for both your divorced spousal benefit and your retirement benefit if you file before your full retirement age (FRA) or even after FRA if you were born after January 1 1954. You can also file for your divorced spousal benefit if he hasn't filed but you've been divorced at least 2 years. Remarriage would make you ineligible to receive a divorced spousal benefit. Your maximized strategy may be to take your divorced spousal benefit at FRA and delay your retirement benefit until 70. Our software can determine how to maximize your benefits. Thanks, John

Jun 29 2016 - 3:45pm
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