I’m 65 and Working; Can I Collect Ex-spouse Benefits? – Ask Rusty

Dear Working Divorcee: Although you are eligible to claim Social Security at age 65, because you are working full time you may wish to wait a bit longer to do so. That’s because Social Security has an “earnings test” which applies to anyone who collects benefits before full retirement age, and you have not yet reached yours. 

The earnings test imposes a limit on how much you can earn before SS takes away some of your benefits. If you exceed the annual earnings limit ($22,320 for 2024), Social Security will want back $1 in benefits for every $2 you are over the limit and you will need to repay that, usually by having future benefits withheld. If you significantly exceed the limit, you may even be temporarily ineligible to receive SS benefits until you either earn less or reach your full retirement age (FRA) of 66 years and 8 months. So, if your earnings from working will significantly exceed the annual earnings limit (which changes yearly), it’s likely that your wisest move would be to wait longer to claim your Social Security. As an bonus for doing so, your monthly payment will have grown and will be higher when you claim later. The earnings test no longer applies after you reach FRA.

Regarding benefits from your ex-husband, you cannot collect his instead of yours. What you may be able to do, when you claim your own benefit, is to get an additional amount which brings your monthly payment up to 50% of his. In order for that to happen, you would need to satisfy the following criteria:

• You are not currently married.
• The personal benefit you are entitled to at your FRA must be less than 50% of your ex-husband’s FRA entitlement. 

If the above are true, when you claim your own SS retirement benefit you will also get a “spousal boost” to bring your payment up to what you’re entitled to as an ex-spouse. The amount of the spousal boost, if you claim Social Security at your FRA, will be the difference between half of his FRA entitlement and your FRA entitlement. If you claim your benefit before your FRA, not only will your own benefit be reduced for claiming early, but the amount of your spousal boost will also be reduced (benefits claimed before FRA are always reduced).

Whenever you decide to claim Social Security, you will be automatically deemed to be filing for benefits from your ex-husband as well (you shouldn’t need to apply separately). You’ve already satisfied the basic criteria of at least 10 years married to get benefits from an ex-spouse and, if you satisfy the above criteria as well, you will be entitled to a spousal boost when you claim. But your current earnings from working full time will likely affect your eligibility to collect Social Security benefits at this time, so waiting until your full retirement age to claim may be your best choice. 

If you will only slightly exceed the annual earnings limit you can consider claiming earlier, as long as you are comfortable with receiving a permanently reduced amount, and the prospect of not getting benefits for a number of months if you exceed the earnings limit (the number of months you will go without benefits depends on how much you exceed the limit by). 

Thank you for submitting your question to our Social Security Advisor department. Be sure to share our link with your family and friends. 

This article is intended for information purposes only and does not represent legal or financial guidance. It presents the opinions and interpretations of the AMAC Foundation’s staff, trained and accredited by the National Social Security Association (NSSA). NSSA and the AMAC Foundation and its staff are not affiliated with or endorsed by the Social Security Administration or any other governmental entity. To submit a question, visit our website (amacfoundation.org/programs/social-security-advisory) or email us at [email protected].