im 65 haven't claimed ss yet would like to wait xwife is 63 she hasn't claimed ss yet im not remarried she is .we were married 15 years been divorced 10 years can I claim benefits now on her earnings without penality .if I can I would wait to claim my ss

Hi,

If you claim divorced spousal benefits before your full retirement age (FRA) of 66, you'll be deemed to have also filed for your own benefits and the benefits you receive will be reduced for age. However, it sounds like you would be eligible to claim just divorced spousal benefits only at FRA, in which case you could potentially draw divorced spousal benefits for 4 years while allowing your own benefit rate to grow until age 70. It doesn't matter whether or not your ex is remarried or drawing her benefits.

You may want to consider using our maximization software in order to compare your options and determine your best filing strategy.

Best, Jerry