Ask Larry

I'm married but separated since Jan. 2017. Spouse in TN and I'm back in GA. Divorce in process. First husband of a 20 year marriage, passed in Oct. 2016. I assume I can get first husband's SS when I reach full retirement age. Question 1: Can I draw my social security at 62 and then switch over to his at full retirement age? Question 2: How many years do I have to be divorced from current husband before I can draw my first husband? I will be 62 in November. Thanks. Angie

Hi Angie,

Yes, you can potentially start drawing reduced retirement benefits at age 62 and then get unreduced surviving divorced spousal benefits at your full retirement age (FRA). That may or may not be your best strategy, though, depending on your and your ex's relative benefit rates. In some cases, it's better to start out drawing reduced survivor benefits and then switch to retirement benefits at age 70. And, if your ex received reduced retirement benefits prior to his death it could affect the optimal time for you to start receiving survivor benefits. Plus, if you're working the Social Security earnings test (https://www.ssa.gov/planners/retire/whileworking2.html) could limit the benefits that you could draw prior to FRA. The maximization software available on this website can help you determine your best filing strategy, as well as the best time for you to file for each type of benefit.

There is no waiting period after your divorce is final before you could become eligible for surviving divorced spousal benefits. In fact, if you remarried after reaching age 60 you wouldn't even need to be divorced to potentially qualify for survivor benefits on a prior spouse's record.

Best, Jerry