In most circumstances, no. Under Social Security’s “deemed filing” rule, individuals filing for retirement benefits who are also eligible for spousal benefits must claim both at the same time. The provision applies to divorced as well as married filers. You won't get both benefits combined; Social Security will pay the higher of the two benefit amounts.
It used to be permissible for divorced people who had reached full retirement age to file a “restricted application” for ex-spouse benefits only and delay collecting their retirement benefit so the latter could increase in value.
Join AARP for just $9 per year with a 5-year membership and get a FREE Gift!
Congress changed the rules in 2015, subjecting almost all Social Security claimants to deemed filing. People born before Jan. 2, 1954, were exempted, but everyone in this group has reached 70, the age when you can claim your maximum retirement benefit, and they no longer have a reason to claim a spousal benefit in lieu of their own benefit.
There are two exceptions to deemed filing for divorced spouses. You can file a restricted application for just ex-spouse benefits if you are entitled to Social Security disability payments or are caring for a child from the former marriage who is under 16 or has a disability.
Andy Markowitz is a writer and editor for AARP, covering Social Security and fraud. He is a former editor of The Prague Post and Baltimore City Paper.
Tracy Thompson is a journalist and editor who has worked for the Atlanta Journal-Constitution and the Washington Post. She is the author of three books and lives with her family in the Washington, D.C., suburbs.
Unlock Access to AARP Members Edition
Already a Member? Login