I am 57 divorcing my 70 year old spouse. We have a 13 year old son. I am receiving a child in care spouse annuity . Child lives with me. I understand he will receive 50% of father’s PIA when divorce is final. I may receive 30% of husbands PIA right. (50% + 30% = 80% of family maximum) which families can get 180% right. My 30% will stop when child turns 16, right? Child’s continues until May of 2008 because he graduates high school. He turns 18 in October 2007. I turn age 62 in February of 2008 so now I qualify for divorced ss benefits. Now since my child is still receiving benefits, do I now qualify for unreduced divorced spouse benefits? We were married 28 years and I was stay home mom. Thank You!!

Hi. Wrong. You can't qualify for divorced spousal benefits prior to age 62 even if you have an entitled child in your care (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html). Since your marriage has lasted at least 10 years, though, you could apply for re-entitlement to divorced spousal benefits as early as age 62.

If you claim divorced spousal benefits at any time prior to your full retirement age (FRA), your benefit rate will be reduced for age unless you have a child in your care who is either a) under age 16, or b) is disabled and qualifies for disabled adult child (DAC) benefits based on 1) a mental disability, or 2) a physical disability that requires you to perform personal services for the child (https://secure.ssa.gov/apps10/poms.nsf/lnx/0301310040). Therefore, if your child is age 16 or older and is not disabled, you won't be able to qualify for unreduced divorced spousal benefits prior to your FRA even if he is still drawing benefits on your ex-spouse's account.

You may want to consider using our software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of your filing options so that you can determine your best strategy for maximizing your benefits.

Best, Jerry