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Can a Divorced Spouse Claim Ex-Spousal Benefits and Delay Their Own?

deemed filing delayed retirement credits (drc) divorce hey marc! spousal benefit boost Mar 08, 2023

I just wanted to clarify my last email and I thank you so much for your expertise and help. I have a sixty-two-year-old woman who was married to a gentleman for over fourteen years they divorced ten years ago.  She never remarried, he did. He is now seventy-two and drawing Social Security retirement benefit.  Is she entitled to receive 50% of his FRA benefit and let her own grow via the DRCs as long as she does this before 12-31-2023?

Thank you for clarifying the situation. Here’s how the rules apply to your sixty-two-year-old client who was married for over fourteen years and divorced ten years ago:

  1. Eligibility for Spousal Benefits:

    • Deemed Filing Rule: Since your client was born after January 1, 1954, she is subject to the deemed filing rule. This means that when she files for Social Security benefits, she cannot choose to claim only the ex-spousal benefit while letting her own benefit grow via Delayed Retirement Credits (DRCs). Instead, she must claim both her own benefit and the ex-spousal benefit at the same time.
    • Spousal Boost: If she is eligible for a spousal benefit based on her ex-spouse's work record, the spousal boost will be added to her benefit. The spousal boost is calculated as half of her ex-spouse’s Primary Insurance Amount (PIA) minus her own PIA. However, the combined benefit will still be reduced if she files before her Full Retirement Age (FRA).

  2. No Option to Delay Own Benefit:

    • No Delayed Credits: Your client cannot take the ex-spousal benefit and delay her own benefit to accumulate Delayed Retirement Credits (DRCs). The rule for individuals born after January 1, 1954, requires that when she files, she automatically claims her own benefit first, with any additional spousal benefit being applied as a boost.

  3. Timing and Filing Considerations:

    • Filing Before 12/31/2023: Filing before December 31, 2023, does not change the fact that she must take her own benefit along with the spousal benefit. The timing only matters for calculating the reduction in benefits if she files before her FRA.

In summary, because your client was born after January 1, 1954, she is required to file for her own benefit when she claims Social Security, and any spousal benefit from her ex-spouse will be added as a boost. She cannot delay her own benefit to earn Delayed Retirement Credits while claiming the ex-spousal benefit. Let me know if you need further clarification or assistance!

The content on this blog is for informational purposes only and is not legal, financial, or professional advice. Social Security rules change periodically, so some information may become outdated. For the most accurate advice, consult a certified National Social Security Advisor (NSSA®). Social Security Professionals, LLC, and NSSA® are not responsible for any errors, omissions, or actions taken based on this blog's content. Use of this blog does not create a client relationship, and all information is provided "as is" without guarantees. By using this blog, you agree to hold Social Security Professionals, LLC, and NSSA® harmless from any claims or liabilities arising from its content. For personalized guidance, contact an NSSA® professional.

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