SOCIAL SECURITY EX-SPOUSAL BENEFITS, very specific question (divorce, divorced, spouses)

[nowisbest]

Eligibility requirements for Divorced Spouses to receive "Spousal" benefits (from SS website):
1. your ex must be eligible for SS retirement benefits (she is- age 65 April this yr)
2. your marriage lasted 10 yrs. (it did)
3. you are unmarried (I am unmarried)
4. you're at least 62 yrs young (I am, 66 May this yr)
and
{this is the kicker}
5. the benefit you're entitled to on your own record is less than the benefit you'd receive on your ex's record

I supposedly do not qualify on this, #5,

as my current benefit, were I to be taking it, of about $1400/mo, is not less than the benefit I'd receive on my ex's record. Her current benefit, were she taking it, would be over $2000/mo but not $2800/mo -- 50% of $2000 is $1000. Even though it might be higher than that, I know it isn't higher than $1400 ish

I am not planning to take my benefit until age 70, but such isn't immediately relevant to this question as I understand it. My ex, also, is not planning to take hers until then, I believe. She is remarried, but again, this is not relevant to my question.

[TFW46]

What's your question?

[reed303]

If born in 1950, did you miss this Note at https://www.ssa.gov/planners/retire/divspouse.html

"Note: If you were born before January 2, 1954 and have already reached full retirement age, you can choose to receive only the divorced spouse’s benefit and delay receiving your retirement benefit until a later date. If your birthday is January 2, 1954 or later, the option to take only one benefit at full retirement age no longer exists. If you file for one benefit, you will be effectively filing for all retirement or spousal benefits."

You didn't say how long you've been divorced:
"If your ex-spouse has not applied for retirement benefits, but can qualify for them, you can receive benefits on his or her record if you have been divorced for at least two years."

[nowisbest]

My question is:
Does anyone have experience/knowledge that is counter to this?
I think I'm right in thinking I am not eligible for ex-spousal benefits,
but, just in case I'm not right, I ask this question.
In other words, everyone talks about the other requirements, but I had not heard of this one (*5) until
I spoke to SS a week ago, and was quite surprised!!!
To reiterate, I qualify on the first 4 requirements, but not on the 5th.

And, btw, we've been divorced for more than 2 yrs.

[lenora]

Originally Posted by nowisbest

My question is:
Does anyone have experience/knowledge that is counter to this?
I think I'm right in thinking I am not eligible for ex-spousal benefits,
but, just in case I'm not right, I ask this question.
In other words, everyone talks about the other requirements, but I had not heard of this one (*5) until
I spoke to SS a week ago, and was quite surprised!!!
To reiterate, I qualify on the first 4 requirements, but not on the 5th.

And, btw, we've been divorced for more than 2 yrs.

Reed303 answered your question. You are eligible to claim your ex-spouse's benefit (the 5th requirement does not apply to you) because 1) you were born before Jan 2 1954 and 2) you have reached full retirement age.

The SSA rep was wrong.

[reed303]

Originally Posted by nowisbest

My question is:
Does anyone have experience/knowledge that is counter to this?
I think I'm right in thinking I am not eligible for ex-spousal benefits,
but, just in case I'm not right, I ask this question.
In other words, everyone talks about the other requirements, but I had not heard of this one (*5) until
I spoke to SS a week ago, and was quite surprised!!!
To reiterate, I qualify on the first 4 requirements, but not on the 5th.

And, btw, we've been divorced for more than 2 yrs.

Unfortunately, if we all had a dollar each time the good folks at the SSA 800# were wrong , we could all retire in fine style.

You may want to go to an SSA office, and take a copy of that Note, and have it explained in person.

Good Luck..........

[matisse12]

reed303, I went to the link you provided. Thanks for that. Now I'm confused.

What if I've been receiving Social Security on my own record for 6 years....can I still switch to the benefits of my ex-spouse?

I was born before 1954. And I reached my full retirement age 2 years ago. In reading the page you provided at the link, I cannot quite figure this out.

[reed303]

Originally Posted by matisse12

reed303, I went to the link you provided. Thanks for that. Now I'm confused.

What if I've been receiving Social Security on my own record for 6 years....can I still switch to the benefits of my ex-spouse?

I was born before 1954. And I reached my full retirement age 2 years ago. In reading the page you provided at the link, I cannot quite figure this out.

If you hurry, you might be able to do this. The rules are changing at the end of this month (April 30)
Read all of (especially the Note near the end) of this SSA webpage.

https://www.ssa.gov/planners/retire/suspend.html

[nowisbest]

Originally Posted by lenora

Reed303 answered your question. You are eligible to claim your ex-spouse's benefit (the 5th requirement does not apply to you) because 1) you were born before Jan 2 1954 and 2) you have reached full retirement age.

The SSA rep was wrong.

You were right, lenora and Reed303!!! But you knew that!!! Had my appointment at SS this afternoon, and, although the final official benefit letter may take 30 days (or more), the guy told me I'm probably due to receive over $1100 starting in May (June). This is very welcome news since I had prepared myself for no benefit for now. (Although I knew I would keep the scheduled appt today.)
Appreciation for websites like this and the various people who reply and contribute!

[organic_donna]

You should file a "Restricted Application" on your ex spouse. You will get 1/2 of his and can defer your until 70. This was recently eliminated, but you are grandfathered.