She Starts Over at 67 After a High-Asset Divorce, Assuming She Must Wait for Her Ex to File. After 2 Years, Social Security Pays Her Up to Half His Benefit Now: $2,094 on a $4,188 Full Retirement Amount
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She signed the final divorce papers two years ago, left with a fair share of a large marital estate, and turned 67 this year. Her ex-husband still earns a big paycheck and plans to work until 70[1]. She assumes her Social Security spousal check is on hold until he files. That expectation could cost her more than $25,000 a year.
Plenty of people get stuck on the same issue. One woman called a personal finance show. She was 62 and divorced after 36 years of marriage, and asked how she could even learn her ex’s benefit amount without him filing. A November 12 Kiplinger guide to starting over after a high-asset divorce adds a reminder: the settlement is only the first step. The income decisions that follow will last for decades.
Waiting on Your Ex Can Cost $25,128 a Year
Social Security has a rule built for exactly this case. You can claim on his record. You can do so even if he has never applied, as long as you were married at least 10 years, are at least 62, have not remarried, and have been divorced for two years. He has no say in it, and your check doesn’t affect what your ex receives.
Once she reaches 67[1], she can get up to half of his full-retirement amount. On his $4,188, that works out to $2,094 a month, or $25,128 a year.
Here’s the detail that changes the math: spousal benefits do not increase past full retirement age (FRA). Working until 70 earns him an extra 8%[1] for each year he waits. Her check is set by his full-retirement amount, so his raise never reaches it. If she waits three years for him to file, she gains nothing and gives up about $75,384.
If she is already past 67, Social Security can pay benefits back as far as six months[1], though never for months before she reached eligibility age. That could mean a one-time catch-up payment of about $12,564.
Before she files, she should check one thing. If her own work record pays more than $2,094, Social Security pays the retirement benefit[2] based on her own earnings. She should ask for both estimates. Whichever check she gets, the 3.6% cost-of-living raise for 2027 will apply to it.
His Late Start Becomes Her Survivor Protection
His choice to work until 70 does matter to her, but through survivor benefits. A surviving ex-spouse can receive up to 100%[3] of the late worker’s benefit once she reaches the qualifying age. If he waits until 70, three years of credits would raise his $4,188 to about $5,193 a month. If he dies first, she could switch to survivor benefits and move from $2,094 to that larger check.
Settlement Money Now Runs Into Single-Filer Limits
She now files her taxes as a single person, and the income limits that trigger extra costs are lower. The tax on Social Security starts once a single filer’s combined income passes $25,000, and up to 85% of benefits can be taxed. With dividends, capital gains and IRA withdrawals from the settlement, most of her $25,128 will probably be taxable.
Medicare premiums can be the bigger surprise. In 2026, a single filer with income up to $109,000[4] pays the standard Part B premium of $202.90 a month. Married couples filing jointly could earn up to $218,000[4] before paying more. Once her income goes above the single limit, her premium rises to $284.10[4] and keeps going up in higher brackets.
Medicare sets the surcharge using tax returns from earlier years, which means a large sale of investments during the property split can push up her premiums later. Spreading out sales and traditional IRA withdrawals over several years can keep her under those limits. Traditional IRAs also have required minimum distributions (RMDs), which add more taxable income later. Roth accounts don’t have them during the owner’s lifetime.
Two Moves Worth Making Before He Turns 70
First, if she meets the 10-year marriage and two-year divorce tests, the spousal claim is likely worth filing now, since her ex doesn’t have to file, agree, or even know about it. Social Security can only pay back six months of missed checks, so every month she waits past that point is $2,094 she won’t get back. Waiting longer is the mistake that’s hardest to undo.
Second, she can think of his late start as free life insurance for her. She should keep those papers somewhere easy to find. Her marriage certificate and divorce decree support both her spousal claim today and a possible survivor claim later.
Her own work history, a future remarriage, or the exact date on a divorce decree can each change the answer. She should call Social Security first. Have both records in hand before she settles on a plan, and if the survivor piece is where the real money is, we broke down that math in a free survivor benefits guide worth a look.
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Gerelyn Terzo is the author of dividend investing handbook "Dividend Investing Strategies: How to Have Your Cake & Eat It Too." A veteran financial journalist, she covers agri-finance for outlets like Global AgInvesting and the broader stock market and personal finance for 24/7 Wall Street. She began at CNBC and later helped launch Fox Business in New York. Gerelyn currently resides in Woodland Park, Colorado and dabbles in nature photography as a hobby.
