I am 61, my husband is 62. We will be divorcing this year. I have several questions.
He is eligible for SS but my ss will be higher. Can he apply for his ss this year then wait two years to switch and collect 50% of mine? Or is it 35% until I reach full retirement at 66? Or is he locked into his SS if he starts collecting now? If he collects mine when I am 62 is he locked into that rate or can his rate increase when I reach full retirement at 66?

Hi,

No. No one is allowed to switch from drawing their own Social Security benefits to drawing just spousal benefits instead. However, they can potentially file for a partial, or excess, spousal benefit if they later become eligible for a higher benefit rate based on their spouse's Social Security record. That partial benefit would then be paid in addition to the person's own benefit rate.

If your husband files for his benefits at age 62, the resulting reduction in his benefit rate will continue for as long as both of you are living. He'll also be deemed to be filing for spousal benefits whenever he files for his own benefits, so if your husband files for reduced benefits and you then file for your benefits before your husband reaches full retirement age (FRA) his spousal benefit rate would also be reduced for age. The reduction for age would be determined by your husband's age at the time that he starts drawing each benefit. Your age has no bearing on the calculation of your husband's spousal rate.

For example, say Ed files for his Social Security retirement benefits at age 62. Ed's primary insurance amount (PIA), which is the amount he'd receive if he waited until FRA to start drawing, is $800. However, since Ed is filing at age 62 his benefit rate is reduced for age to $576. Ed's wife files for her benefits when Ed reaches age 64, and her PIA is $2000. Ed's unreduced excess spousal rate would be calculated by subtracting Ed's PIA from 50% of his wife's PIA, which in his case is $200 (i.e. $2000/2 - $800). But, since Ed is only 64 when he becomes eligible for spousal benefits, his excess spousal rate is reduced for age to $155. Ed would then be paid both his own benefit and his excess spousal benefit, giving him a combined benefit rate of $731 (i.e. $576 + $155).

You and your husband should strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to help you determine the best filing strategy to maximize your benefits.

Best, Jerry