Ask Larry

My wife and I are getting divorced at the same time I'm retiring (early). I'm 62 (born in 1954) and she's 74. She was told that she would have to wait 2 years to get spousal benefits. Our divorce is final in 3 months. Can she apply NOW (as I am) and continue to collect spousal benefits after we divorce?

Hi,

As long as you're already drawing your benefits and you've been married for at least a year and aren't yet divorced, your wife could potentially be eligible for spousal benefits on your record. Then when your divorce becomes final, her spousal benefits would convert to divorced spousal benefits, provided that you and your wife were married for at least 10 years prior to your divorce.

Divorced spouse's can potentially be eligible for benefits even if their ex (i.e. the worker) hasn't yet filed, provided that their ex is at least age 62 and their divorce has been final for at least 2 years. But the 2 year waiting period doesn't apply if the worker is already drawing their benefits.

Before filing, you may want to strongly consider running the maximization software available on this website in order to make sure you choose the best strategy.

Best, Jerry