Ask the Expert: What about Social Security for the divorced?
I'll be 62 next year. My ex-husband of 19 years will also be 62 next year, but he's not yet retiring. Can I apply for my own Social Security benefit and then switch to his? Must I wait until he retires?
If you qualify for Social Security based on his earnings — and it sounds as if you do — you don't have to wait until he retires to apply for it. (Other readers, please note: Different rules apply to Social Security based on a current spouse's record.)
But during your ex’s lifetime, you can't switch between your own benefit and one based on his record.
You can collect Social Security based on a former spouse's record if: 1) your marriage lasted at least 10 years; 2) you haven't remarried; 3) you’re both at least 62 years old; and 4) your benefit based on your ex's record is bigger than the one based on your own record.
The size of your potential benefit based on his record depends on your age when you apply for it. If you apply at 62, that benefit is 32.5% of the amount he'd receive at his full retirement age (even if he’s currently younger). If you apply at your full retirement age (which is 66 and 8 months old if you were born in 1958) you get 50% of the amount he'd receive at full retirement age.
If you outlive him, you can switch to a survivor benefit based on his record. The maximum survivor benefit is 100% of the amount he qualified to collect at his death. But you only get that maximum if you postpone your application for a survivor benefit until your full retirement age.
The bottom line
Divorced people sometimes qualify for Social Security based on their former spouse's work record.
