I am 66 and my wife is 65. She is taking her SS and I am getting spousal. We are separated. If I file for mine now and she claims spousal and then we divorce, will she lose spousal for two years if I then suspend.

Hi,

No. The 2 year waiting period only applies to eligibility for an independently entitled divorced spouse. If you file for benefits on your record, then your wife could be potentially eligible for benefits as a spouse or divorced spouse, although if you're not divorced she wouldn't be able to receive spousal benefits while yours are in suspense. Of course, your marriage must have lasted for at least 10 years in order for her to potentially qualify for divorced spousal benefits. And, she would only be eligible for an excess spousal or divorced spousal benefit if your full retirement age benefit amount is more than twice as much as hers.

Hopefully, you're aware that you would lose your spousal benefits once you apply for benefits on your own record, assuming that your full retirement age benefit amount is more than half as much as your wife's. This is true whether or not you suspend your benefits. Before doing anything further with regard to benefits, you may wish to consider running the maximization software available on this website.

Best, Jerry