Understanding Spousal Benefits After Divorce and the Deemed Filing Rule

I have a potential client who is 61 and will be 62 in October. She is currently divorced and has not drawn any Social Security benefits. Am I correct in stating she can reach out to SSA and draw off her ex-husband’s record given they were married for 10 years, as long as his record his higher than her would be at 62?  This filing would prohibit her from claiming on her own record later?

You’re correct that your potential client, who will be 62 in October, can claim Social Security benefits based on her ex-husband’s record since they were married for 10 years. However, there are important considerations due to the "Deemed Filing" rule:

1. Deemed Filing Rule:

   • Own Benefit First: Due to the deemed filing rule, when she files for Social Security at 62, she is required to take her own retirement benefit first. If she is eligible for a spousal benefit based on her ex-husband's record, the spousal benefit boost will be added to her own Social Security retirement benefit. This rule means she cannot choose to draw only on her ex-husband's record without also taking her own benefit.

2. Spousal Benefit Boost:

   • How the Boost Works: The spousal benefit boost is calculated as half of her ex-husband’s Primary Insurance Amount (PIA) minus her own PIA. Both her own benefit and the spousal boost will be reduced because she is filing before her Full Retirement Age (FRA). The boost is added to her reduced retirement benefit, but the total amount will reflect reductions for early claiming.

3. No Option to Switch Later:

   • No Switching Benefits: Once she claims her own retirement benefit and receives the spousal boost, she cannot switch later to a different benefit based on her own record. The deemed filing rule locks in both benefits at the time of her initial filing, and both are permanently reduced for age.

In summary, your potential client must file for her own Social Security benefit first, and any spousal benefit she’s eligible for will be added as a boost. Both benefits will be reduced because she’s filing early at age 62. She cannot claim only on her ex-husband’s record without taking her own retirement benefit, and she won’t be able to switch to a different benefit later. Let me know if you need any 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.