Ask Larry

Can I File A Restricted Application For Divorced Spousal Benefits And Switch To My Own Record At Age 70?

My ex-husband and I have been divorced for over two years and were married for over ten years. We are both at full retirement age and neither of us has submitted a SS claim yet. Even though his benefit would be less than mine, can I still file a restricted claim to begin receiving 50% of his benefit and then change when I reach 70 to start receiving my benefit? Thanks!

Hi,

Yes, it sounds like both you and your ex could potentially file for divorced spousal benefits only at full retirement age, and then file on your own records at age 70. You are only permitted to employ this strategy if you were born prior to January 2 1954, however (https://www.ssa.gov/planners/retire/deemedfaq.html).

Best, Jerry

Posted: 
May 31 2017 - 7:49am
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