Hi Larry.

I plan to claim a divorce benefit on my ex husband's Social Security Earnings when I am 66 years old, continue to work, and let my benefit grow until I reach age 70.
My marriage lasted 25 years, I have not remarried, and my birth year is 1953.

My ex husband did remarry but his spouse recently died unexpectedly. His birth year is also 1953. I believe he may be receiving a survivor benefit.

1) If he is receiving a survivor / widower benefit and elects to continue to receive survivor benefits after age 66, and let his own benefit accrue, is that considered a benefit suspension that would prohibit me from collecting a divorced spousal benefit? He will turn 66 years of age before me.

As a widower, do you have to "suspend" or simply not apply for your benefit in this case?

2) Also with the new regulations, and if I am able to claim a divorce benefit, does it matter what my benefit would be at age 66 years?
i.e. My full retirement benefit amount is greater than the 50% of the divorce benefit, and my full retirement benefit amount is just $250.00 less than the full retirement benefit of my ex spouse.

I thought I understood the new regulations - but now not so sure.

Thanks for your help!

Hi,

Your ex-husband doesn't need to be entitled to benefits on his own record in order for you to qualify for divorced spousal benefits, provided that your divorce has been final for at least 2 years (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html). Your ex wouldn't be able to file and suspend his own benefits and still receive widower's benefits under the new rules passed by Congress in 2015 (https://www.ssa.gov/planners/retire/claiming.html), but you could still be paid divorced spousal benefits even if he suspends his benefits.

The answer to your second question is no. Since you were born prior to January 2 1954, you can file a restricted application for divorced spousal benefits only at full retirement age and wait until age 70 to claim benefits on your own account. That's true even if the potential benefit rate on your own record would be higher than your divorced spousal rate.

Best, Jerry