I am 62 in September. I was married over 10 years. He is 6 years younger. Can I start collecting off him under spousal benefits? And can I start collecting when I turn 62? Or do I have to wait till he filess for social security before I can collect from him? Do I get to draw from his earning now or just the years I was married to him? Could you please explain ? Thank you , Sabrina

Hi Sabrina,

You couldn't qualify for divorced spousal benefits at least until the earlier of a) when your ex-husband reaches age 62, or b) when your ex-husband starts drawing his benefits. And, the only way that your ex could start receiving his benefits before age 62 is if he qualifies for Social Security disability benefits.

Even then, however, you could only be eligible for divorced spousal benefits if 50% of your ex-husband's full retirement age rate (PIA) is higher than your own full retirement age rate.
If you do qualify, though, there is no limit on the amount of time that you could draw the benefits.

Before filing, you may want to use our maximization software to explore and compare your options in order to determine your best filing strategy.

Best, Jerry