My spouse and I are divorcing. We have been married 25 years. He is 54 and I am 61. My spouse‘a SS benefits will be much higher than mine when he reaches the full retirement age for the purpose of collecting SS. Obviously he won’t reach that age until several years after I have reached the age. Do I have to wait until he begins collecting SS to make a claim for ex-spouse benefits? If I can make it without filing for my own until that time, is it better to wait so I’m not locked in to my lesser amount? Is the ex-spouse benefit an amount that’s added to my own benefit so that my benefit would then be equal to what he receives?

Hi. The earliest that you could qualify for divorced spousal benefits is when your ex-husband reaches age 62, unless he becomes entitled to Social Security disability (SSDI) benefits before then. And, you'll only be able to qualify for divorced spousal benefits if your ex-husband's primary insurance amount (PIA) is more than twice as much as your own PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA).

If a person is eligible for both Social Security retirement benefits based on their own record and for divorced spousal benefits, Social Security pays the person's retirement benefit plus a partial divorced spousal benefit. The unreduced divorced spousal amount is calculated by subtracting the person's own PIA from 50% of their ex-spouse's PIA. Any reduction for age that applies to either benefit is calculated separately depending on the person's age at the time they become entitled to the benefit.

For example, say Joy files for her Social Security retirement benefits at age 62. Joy's PIA is $600, but her benefit rate is reduced for age to $422 because she's claiming her benefits at age 62. Several years later Joy's ex-spouse reaches age 62 and Joy applies for divorced spousal benefits. Joy's ex's PIA is $2000, so Joy's unreduced excess divorced spousal benefit would then be calculated by subtracting her PIA from 50% of her ex-husband's PIA, which in Joy's case amounts to $400 (i.e. $2000/2 - $600). If Joy is at least FRA when she becomes eligible for her excess divorced spousal benefit, she would then be paid the full unreduced amount of $400 in addition to her own reduced rate of $422 to give her a combined rate of $822. But, if Joy isn't yet FRA when she becomes eligible for divorced spousal benefits then her divorced spousal amount would also be reduced for age.

Your best strategy for claiming benefits depends on a number of different factors, so you should strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of your options so that you can determine your best strategy for maximizing your benefits.

Best, Jerry