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.