When collecting social security on a ex-spouse, your age is more important than your ex’s age. Here’s how it works.
How old must my ex be?
This question was sent to me: “Hi, I have a question about my ex-husband’s social security benefits. I will be 66 in June. He is one year younger than me. We were married for 19 years and divorced 20 years ago. I am not remarried. His income far exceeds mine. All the articles I’ve read are unclear about whether he needs to be 66 (full retirement age before I can collect half of his benefit) or 62. Can I collect 30% for one year while he is between 65 and 66 and then collect 50% once he turns 66? – K.”
Background
Before I answer the question, let me provide some basic information for those who may not be aware. Social Security provides spousal benefits even if you are divorced. As long as you are not remarried, your marriage lasted at least 10 years, and your ex is entitled to benefits, you are likely eligible. There is no double-dipping – you cannot receive your own benefit and spousal benefits at the same time, but you will receive the higher amount of the two. If you remarry, your spousal benefits are likely to end.
Part One: This person can collect spousal benefits now, even if their ex has not yet reached age 66.
You can collect spousal benefits as long as you are at least 66 years old, and your ex is at least 66 – even if he hasn’t applied for his own benefits yet. He does not have to apply for his own social security benefits for you to be eligible for a benefit based on his record, but he must be eligible for those benefits. He needs to be at least 66, which is the earliest age you can be eligible for retirement benefits from Social Security.
The next part of the question asks: “Can I collect 30% for one year while he is between 65 and 66, and then collect 50% once he turns 66?”
Part Two: No, it doesn’t work that way. The reduction of benefits is based on your full retirement age, not your ex’s age. This works out in your favor in this case.
If you collect spousal benefits at age 66 and your ex is 65, you will receive the full spousal benefit of 50% because you have reached your full retirement age. If your ex is 60 and you are 66, you will also receive the full spousal benefit of 50%. Before doing this, you may want to consider another option.
Since you have reached full retirement age, if you were born on or before January 1, 1954, you may want to consider the restricted application strategy for spousal benefits (where you restrict your application to only the spousal benefit). You can only file this type of restricted application if you have reached full retirement age. Then you would switch to your own benefit when you reach age 70.
By filing a restricted application, your own benefits will continue to earn delayed retirement credits until you reach age 70. This strategy may work for you if your benefits at age 70 will be higher than your spousal benefit at age 66, as this would allow you to collect spousal benefits for four years before switching to your own. This option for restricted application is not available if you were born on or after January 2, 1954.
Note:
If you apply before reaching your full retirement age, regardless of your birth date, this conversion strategy does not work because you cannot submit a restricted application before reaching full retirement age.
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Sources:
– Social Security Administration. “Benefits for Your Family.”
Source: https://www.thebalancemoney.com/collect-spousal-benefit-when-ex-is-age-62-2388950
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