Tip #6: Leverage the Deemed Filing Rule and Personal Record Top-Ups
Evaluating divorced spousal benefit eligibility requires navigating the “deemed filing” rules established by the Bipartisan Budget Act of 2015. For anyone born on or after January 2, 1954, submitting an application for either retirement benefits or spousal benefits automatically acts as an application for both simultaneously.
You can no longer elect to receive spousal benefits while allowing your personal worker benefit to accrue delayed credits until age 70.
When you apply, the Social Security Administration calculates your earned personal retirement benefit first. If your personal benefit exceeds 50 percent of your ex-spouse’s Primary Insurance Amount, you receive your personal benefit and zero spousal additions.
However, if 50 percent of your ex-spouse’s PIA is higher than your personal earned benefit, Social Security pays your personal benefit plus a spousal “top-up” to equal the higher amount.
For example, if your personal monthly benefit is $1,100 and 50 percent of your ex’s PIA is $1,600, Social Security issues you your $1,100 earned check along with a $500 spousal top-up, bringing your total monthly payout to $1,600.
I took my personal SS at age 62. Can I switch to or “add” my ex’s full retirement now? I am 75 and never made as much money as my rx but sure could use the extra now.
Too Good to be trueAre you saying if I’m 62 I can apply for my x husband social security without letting him know or get in trouble for applying for his disability so how many years are you going to come back after 2 and tell me I made to much money or I’m not supposed to have done that.
I am still working but my ex husband is not can I get some social security from him.
Part-time
Does it matter how long you’ve been divorced? If not, how do I apply to receive from his social security?
Does it matter how long you have been divorced?
This is not a comment but a question. I applied for Social Security at age 64 due to personal medical reasons (not officially disabled). I asked the SS worker about this ex-spouse rule and was told that the amount “would not make a difference,” even though my ex-spouse was still working. It is now 4 yrs later and my ex-spouse has retired. Am I able to apply for this ex-spouse benefit now, even though I have been receiving my own SS benefit for the past 4 years? I do not mean retroactively to my retirement date, but from the current date.
I’ve remarried and I’m receiving my social security can I change and receive my x husband
I retired at 62 I’m now 71 . Could I use my x husbands retirement social security? I only make 1,300. a month and I’m disabled now in my back. Funds are so tight, every month.
If I am 62 and my husband is deceases, can I draw my husband Social Security now, he has been deceased since August 24, 2021
My ex husband and I have devoiced for years and he has remarried. He has been deceased since December 2025.
I am retired, remarried and collecting my own SS. Can I apply for benefits under my Ex-spouses SS?