My earnings are massively lower than my husband's; he would get the maximum SocSec retirement benefits, while my own would be about $500/month at full retirement age. I know that we should try to wait till he is age 70 before he claims his benefits. Also, I know that as long as we are married, I can't claim spousal benefits unless he is also claiming his benefits. I believe the file-and-suspend loophole is no longer allowed for this. So: If we divorce when I am age 60, and I start collecting divorced-spouse benefits at age 62 based on my husband's earnings (my husband would be 64 at that time), I assume that the benefits I receive would be lower than if I had waited until age 70. But, let's say we re-married each other when I turn 70. So now could I say, I am no longer eligible for divorced spouse benefit, and now I am asking for spousal benefit at the age-70-start rate??

Hi,

You're correct about not being able to collect spousal benefits if your husband files for and suspends his benefits. He would actually have to be drawing his benefits in order for you to be able to receive spousal benefits.

If you divorce at age 60 and file for divorced spousal benefits 2 years later at age 62, you could potentially collect divorced spousal benefits but you would also be deemed to be filing for your own retirement benefits and your benefits would be reduced for age.

For example, say Beth files for benefits at age 62. Beth's primary insurance amount (PIA), which is equal to her full retirement age rate, is $500. Beth's ex-spouse's PIA is $2500 and he is over age 62, so Beth can qualify for divorced spousal benefits even if her ex isn't yet drawing his benefits. Beth's unreduced divorced spousal benefit rate would be calculated by subtracting her PIA from 50% of her ex's PIA, which would be $750 in this example (i.e. $2500/2 - $500). If Beth had waited until her full retirement age (FRA) to file for benefits, she would have received her own PIA plus her unreduced divorced spousal benefit for a combined benefit amount of $1250. However, since Beth is filing at age 62 both of her benefits are reduced for age. If Beth's FRA is age 67, her own retirement benefit rate at age 62 would be reduced to $350 and her divorced spousal rate would be reduced to $487, making her combined benefit amount $837.

If Beth in the example above remarries her ex at age 70, her benefit rate would not change. The age reduction on both her retirement benefit and divorced spousal/spousal benefit would continue to apply. Also, unless Beth remarries on the 1st day of a month her benefits would be suspended for the month in which her marriage occurs (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300202010).

Before you make any final decisions, you and your husband should strongly consider using our software to explore and compare all of your various options so that you can choose the best possible strategy.

Best, Jerry