Ask Larry

Can I Switch To My Own Record Prior To Age 70 If I'm Drawing Divorced Spousal Benefits?

Subject: Converting a Restricted application:
My birthday is 04/30/1952 and I am not collecting benefits. Can I file a Restricted SS application for my divorced benefit beginning 5/1/2018, and suspend my individual benefit to age 70, BUT have the option to convert to my own benefit prior to my 70 birthday? My concern is that I will be stuck with the lower divorced benefit until 70 - and may need to convert earlier to my own benefit which will be higher. My birthday is 4/30/1952, and I am currently working. I am grandfathered into the divorce benefit, AND LEARNED this by reading your book "Get What's Yours". Thank you!

Hi,

Assuming that you meet the requirements for divorced spousal benefit entitlement (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html), you can file a restricted application for divorced spousal benefits only effective with the month you reach full retirement age (April 2018 in your case). You would not also want to file for and suspend your own retirement benefits since that would prevent you from receiving divorced spousal benefits. Instead, you simply would want to delay filing for your own benefits until as late as age 70, assuming that your own benefit rate will be higher than your divorced spousal benefits. You would be free to file for your own retirement benefits anytime prior to age 70, but you would then lose the delayed retirement credits that you otherwise could have received by waiting until age 70 to start drawing your own benefits.

You may want to consider using our maximization software to compare your filing options and determine your best strategy for claiming benefits.

Best, Jerry

Posted: 
Jan 8 2018 - 6:45am
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