The Divorced Spouse Strategy That Adds $14,400 a Year for a 66-Year-Old Whose Ex Is Still Alive

A 66-year-old woman was married for 14 years, divorced nearly two decades ago, and never remarried. Her career after the kids were grown was a patchwork of part-time and lower-wage work, while her ex-husband advanced steadily and is still working today at age 68. Her own Social Security check at her full retirement age (FRA) of 67 will be about $900 a month. His is more than four times that.

She assumes she is stuck with the small check. A question that often surfaces in retirement forums sounds almost exactly like hers: my ex makes much more than I ever did, we were married more than 10 years, can I get anything from his record even though he has not filed yet? The answer is yes, and most people in her position never even ask.

The Rule Most Divorced Retirees Miss

The divorced spouse benefit changes her outcome. If she was married at least 10 years, is currently unmarried, and is at least 62, she can claim a benefit based on her ex-husband’s record. At her FRA, that benefit is worth up to 50% of his full retirement age amount. His check is not affected. He does not need to approve it, sign anything, or even know.

The surprise: the ex does not need to have filed for his own benefit yet. As long as he is at least 62 and they have been divorced two years, she can file on his record. That is the carve-out unique to divorced spouses, and it is why her ex still working at age 68 is not a problem for her plan.

Run the numbers. Her ex’s full retirement age benefit is roughly $4,200 a month. Half of that is $2,100. Her own work-record benefit at 67 is about $900. The difference is $1,200 a month, or $14,400 a year for the rest of her life. She files at her FRA, brings her certified marriage certificate and divorce decree, and the higher amount lands in her bank account.

One caution: claiming before her full retirement age permanently reduces the divorced spouse benefit, and delayed retirement credits do not apply to it. Waiting past 67 buys her nothing extra on his record. So 67 is the sweet spot.

Where This Fits With Everything Else

An extra $1,200 a month reshapes her plan in two tangible ways. First, it cuts the pressure on her own savings. If she had been planning to withdraw $20,000 a year from an IRA to cover the gap between her old $900 check and her real expenses, she can cut that amount to roughly $5,600. Her nest egg lasts longer and stays invested.

Second, it changes her tax picture. Once her combined income crosses certain thresholds, up to 85% of her Social Security becomes taxable. A higher monthly check means more of it counts, so she may want to dial back IRA withdrawals or shift some funds into a Roth in the years before required minimum distributions (RMDs) begin at age 73.

There is also a survivor angle. If her ex dies first, her benefit converts to a survivor benefit worth up to 100% of whatever he was actually receiving. If he delays to 70 and collects a larger check, her future survivor benefit grows with it. Remarrying after age 60 does not cost her these rights. Remarrying earlier does.

What to Walk Away With

Two things matter most before she files:

1. Confirm the 10-year marriage rule down to the month. Nine years and 11 months disqualifies her entirely. Pull the certified divorce decree and marriage certificate now, because the Social Security Administration (SSA) will ask for both.
2. File at her FRA, not earlier. Filing at 64 or 65 locks in a smaller divorced spouse check for life. Waiting past 67 adds nothing on his record. The window is narrower than most people realize.

Every divorce situation is unique, and a short conversation with the SSA or a fee-only planner can confirm the exact numbers for her record. The mistake hardest to undo is not filing at all. The benefit is real, the eligibility is clear, and the only barrier is knowing it exists.