Am I able to draw spousal benefits even though my husband is still working? We have been legally separated for 16 yrs. I started taking my benefits when I turned 62, I'll be 67 July 1. He was 64 in May but won't retire until he's 66, if then. Also, would divorce affect my spousal benefits?

Thank you.

Hi,

You couldn't be eligible for spousal benefits at least until your husband starts drawing his benefits, and even then you could only qualify if 50% of your husband's full retirement age rate (PIA) is more than your own PIA. And, if your husband files for his retirement benefits prior to his full retirement age (FRA), both his benefits and your spousal benefits could be subject to full or partial withholding if he earns more than amount allowed under the Social Security earnings test (https://www.ssa.gov/planners/retire/whileworking.html).

Since you've apparently been married to your husband for at least 10 years, if you divorced you could potentially then qualify for divorced spousal benefits effective with the earlier of a) when your husband files for his benefits, or b) 2 years after your divorce is final. Divorced spousal benefits are not subject to withholding due to the worker's earnings, so you could potentially draw those benefits no matter how much your husband is earning as long as you meet the entitlement requirements (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html).

Best, Jerry