Can a Divorced Spouse Switch from Spousal Benefits to Her Own at Full Retirement Age?

I have a client who is going to be 65 in Jan. She’s divorced and no longer speaks to her ex. He’s an immigrant, but has worked long enough to get SS and is a little older.  He is already receiving his benefit. Let’s say his benefit is $1,000 per month and she’s entitled to 50%.  If she claims off ex-spouse now, prior to claiming hers, can she switch to her own benefit at her Full Retirement Age? And will SS give us the information on what is available off ex-spouse?

Given that your client was born after January 1, 1954, she is subject to the "Deemed Filing" rule, which requires her to take all eligible benefits when she files for Social Security. This means that if she files for Social Security benefits now, she must take her own retirement benefit along with any spousal benefit (often referred to as a "spousal boost") she may be entitled to from her ex-husband's work record. She cannot file solely for the spousal benefit and switch to her own benefit later at her Full Retirement Age (FRA).

Under Deemed Filing, the Social Security Administration (SSA) will automatically calculate and pay the higher of the two benefits—her own or the spousal benefit. If her own benefit is higher, she will receive that amount. If the spousal benefit (which is up to 50% of her ex-husband's benefit) is higher, SSA will pay her own benefit first and add a spousal boost to reach the higher amount.

Regarding getting information on the spousal benefit, your client can contact the SSA directly. They may require some information, such as her ex-husband's Social Security Number, to provide an accurate estimate of what she might receive based on his work record. The SSA's contact number is 800.772.1213.

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