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Can I claim Social Security spousal benefits from ex-husband at 70 while waiting for my own SS approval?
I just turned 70 last month and finally filed for my own Social Security retirement benefits after delaying past FRA for the maximum delayed retirement credits. My application is still pending approval, though I don't anticipate any issues. What I'm confused about is whether I might be eligible for any "spousal top up" based on my ex-husband's earnings record WHILE also claiming my own benefits. We were married for 22 years before divorcing in 2006, and I haven't remarried. He's 73 now and has been collecting his benefits for several years (we're not on speaking terms, but mutual friends mentioned this). I worked part-time for much of our marriage while raising our kids, so my earnings record is spotty compared to his. He was always the primary breadwinner.From what I've read, ex-spousal benefits are available if the marriage lasted 10+ years, but I'm unclear if I can receive both my own maximum benefits AND some portion of his if his record would provide more? Would I get some kind of differential payment if his benefit amount is higher? Or am I completely misunderstanding this? The SSA website is confusing me more than helping!
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StarSailor
Wait I'm confused - I thought Social Security automatically starts at 70 even if you don't apply? My neighbor said you don't even need to apply because they start it automatically? Is that wrong?
Yara Sabbagh
•That's incorrect. Social Security benefits never start automatically at any age. You must apply for retirement benefits regardless of whether you're claiming at 62, full retirement age, or 70. The only exception is if you're already receiving Social Security benefits of some type (like disability) that automatically convert to retirement benefits at certain ages.
btw if you do go to the ssa office bring EVERYTHING with you - birth certificate, ss card, photo id, tax returns, everything!!! they always ask for something you dont have
Ava Thompson
•Good advice - I'll make sure to gather all my documents well in advance. Better to have everything and not need it than be missing something critical!
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Nia Thompson
Something important to remember about Social Security benefits - they're recalculated annually for COLA (Cost of Living Adjustments). For 2025, the COLA will likely be around 2.5-3.0% based on current inflation trends. This means both of your benefits will increase automatically each year. While your benefit structure is already optimized based on what everyone has explained, you'll still see those yearly increases that help (somewhat) with rising costs.
Those COLAs are a JOKE compared to how much prices are actually going up!!! My grocery bill has doubled but my SS check only went up a tiny bit. They use some ridiculous formula that doesn't reflect REAL expenses for seniors. Just another way they shortchange us after we've worked our whole lives!!
NeonNova
My parents had similar ages to you guys! Dad was much older than mom too. When he passed at 92, mom did get his higher benefit as a survivor. But in your case it sounds like you'd just keep your own since it's higher anyway. The SS rules are so confusing sometimes! Glad you asked about this.
Zara Ahmed
•I'm sorry about your dad. Thank you for sharing your parents' experience - that helps me understand the survivor benefits better. You're right that the rules are confusing! I'm grateful for all the explanations here.
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Savannah Vin
One important correction to my earlier response: When I mentioned that you'd likely receive about $3,200 in survivor benefits based on your husband's record, that assumes he would have reached his full retirement age. If he passes before reaching his FRA, the survivor benefit would be reduced. Also, regarding returning to work: The 2025 SGA limit is $1,550/month for non-blind individuals as another commenter mentioned. However, there are work incentives like Impairment-Related Work Expenses (IRWE) that might help you deduct certain costs related to your disability from your earnings calculation. Given your specific situation with rheumatoid arthritis and potential return to work, I would strongly recommend scheduling an appointment with an SSA Claims Specialist to discuss your options in detail. These consultations are free and can help you make the best decisions for your situation.
Thank you for the correction and additional information. I'll look into the IRWE deductions - that could be very relevant in my case since I have significant expenses related to my condition. I'm definitely going to schedule that appointment with a Claims Specialist. It sounds like there are a lot of nuances to my situation that would benefit from personalized advice.
Liam Cortez
btw when u do get thru to SSA make sure u ask for an APPOINTMENT with a claims specialist dont just talk to whoever answers, the regular phone ppl just read from scripts and give wrong info half the time
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Update: We submitted the SSA-521 form yesterday! Thank you everyone for your advice. The rep we spoke with initially tried to tell us we couldn't withdraw after FRA, but we politely asked to speak with a technical expert and showed them the regulation numbers that were mentioned here. The technical expert confirmed we're within our rights to withdraw within the 12-month window regardless of FRA status. Now we're just waiting for the repayment letter so we know exactly how much to send back. I'll update again once everything is processed!
Good job being persistent! That's exactly the right approach - politely escalate when you know the rules. Please do update us on how it goes. Make sure to keep copies of EVERYTHING, including certified mail receipts if you mail the payment.
Will do! And yes, we're creating a folder with copies of everything. The technical expert said we should receive the repayment letter within 2-3 weeks, and then the reapplication should be processed within 30 days after they receive our repayment. Fingers crossed it all goes smoothly from here.
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I think what you're describing is the restricted application strategy, and it's actually one of the few really good deals left in the Social Security system! I was able to do something similar after my wife passed. Just make absolutely sure you specify that you're applying ONLY for survivor benefits when you fill out the application. If you don't clearly indicate this, they might automatically process it as applying for all benefits you're eligible for, which would mean you'd get your own retirement benefit if it's higher and lose the ability to let it grow until 70. Also, definitely schedule an appointment rather than just walking in. The wait times have been absolutely insane lately.
This is excellent advice. The specific language to use when applying is: "I wish to exclude retirement benefits on my own record." Having this statement documented in your application can prevent costly mistakes in how SSA processes your claim.
Nora Bennett
•Thank you for this crucial tip! I would never have known to specifically exclude my own benefits when applying. This whole process is like navigating a maze with no map.
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To directly answer your question: Yes, your wife will continue to receive auxiliary benefits as the mother of a minor child when you switch from retirement to SSDI. And yes, her payment will likely increase, though not necessarily by the same percentage as your increase. The technical explanation: When you switch to SSDI, two things happen that affect family benefits: 1. Your Primary Insurance Amount (PIA) increases because SSDI doesn't apply the reduction factor for early retirement 2. The Family Maximum Benefit (FMB) is calculated differently under SSDI rules than under retirement rules Generally, the family maximum for SSDI is 150% of your PIA for a disabled worker and one or more auxiliaries. This means if your benefit increases by $675, your wife's benefit might increase by about $337 (assuming you're not already at the family maximum). As others have mentioned, watch for potential disruptions during the transition period. SSA may need to recalculate and adjust payments, which sometimes causes temporary payment issues.
wait is it always 150%? I thought it was more complicated then that? like based on ur earnings record or something?
One more thing to think about - when your son turns 16, your wife's benefits will stop until she turns 62 unless she's disabled herself. that surprised us!
That's an important point. To clarify: Your wife receives benefits as a mother caring for a child under 16. Once your son turns 16, her benefits will stop until she reaches her own retirement age (unless she qualifies for disability herself). Your son will continue receiving benefits until he turns 18 (or 19 if still in high school).
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Cass Green
I've been fighting with Social Security for 6 MONTHS about my widow benefits!!! They keep sending me in circles and nobody can give me straight answers about anything!!! Every time I call they tell me something different and I'm SICK OF IT!!! I finally got my Congressman's office involved last week because this is ridiculous. The whole system is designed to CONFUSE us so we don't get what we're entitled to!!! My husband worked for 45 YEARS and paid into the system and now they want to nickel and dime me over benefits I DESERVE!!! Thank you for sharing your story. I'm bringing printouts about this RIB LIM thing to my next appointment because I BET this is what's happening in my case too!!
I'm sorry you're having such a difficult experience. Getting your Congressional representative involved was a good move - they often have dedicated staff who work on Social Security issues and can help navigate the system. RIB-LIM may or may not apply in your case, as it depends on your specific circumstances and benefit amounts. Before your appointment, try to gather the following information to help determine if RIB-LIM applies to you: 1. Your date of birth 2. Your deceased spouse's date of birth 3. Your deceased spouse's PIA (Primary Insurance Amount) 4. Your own PIA based on your work record 5. The date of your spouse's death With this information, you or a financial advisor can better assess whether RIB-LIM affects your optimal filing strategy. I hope your situation gets resolved soon.
Malia Ponder
this is y i tell everyone to just go to the office in person, its easier than calling
have u been to an office lately? the one near me has 2-3 hour waits AFTER you make an appointment. and half the time they tell you they need more documents so you have to come back again. not saying calling is better but neither option is good tbh
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Regarding your question about remarriage - this is important: if your sister-in-law remarries before age 60, she will generally NOT be eligible for survivor benefits on her deceased husband's record when she turns 60. The remarriage would permanently prevent her from claiming those benefits. However, if she remarries after turning 60, she can still collect survivor benefits on her first husband's record. This is a crucial distinction that many people don't realize until it's too late.
Oh wow, I had no idea about this rule. She's nowhere near ready to think about remarriage now, but this is really important information for her future. I'll definitely make sure she knows about this restriction. Thank you for pointing it out!
Ryder Ross
Just want to add one more thing - even though she can't get survivor benefits now, she should create a my Social Security account online if she hasn't already. It's free and will let her see her own work record and future benefit estimates. This can help with financial planning while she waits to become eligible for widow benefits. The site is ssa.gov/myaccount.
That's a great suggestion. I'll help her set that up next time I visit. She's not very tech-savvy but I'm sure we can figure it out together. Thanks!
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This is one of those situations where the details really matter. I think part of the confusion is that there are different rules for SSI vs SSDI. If your wife is receiving SSDI (Social Security Disability Insurance), then yes, at FRA it converts to retirement benefits and you should be able to suspend to earn delayed credits. But if she's receiving SSI (Supplemental Security Income), different rules apply and suspension for delayed credits isn't an option. Also, important note - if your wife suspends her retirement benefits after conversion, any benefits paid to dependents based on her record would also be suspended during that time. Something to consider if that applies to your situation.
She's definitely on SSDI, not SSI. We don't have any dependents receiving benefits on her record, so that shouldn't be an issue. It sounds like we need to wait until after conversion at FRA and then file for suspension right away. Thanks for pointing out that distinction!
Just wanted to update - I called SSA back and specifically asked for a Technical Expert. Had to wait 2 days for a callback, but finally spoke with someone who confirmed what several people here said! After SSDI converts to retirement at FRA, my wife CAN suspend to earn delayed credits until 70. The first representative was completely wrong about having to pay back all disability benefits. They didn't even understand the question correctly. The Technical Expert explained that once benefits convert to retirement, they follow retirement rules, which include voluntary suspension. Thanks everyone for the help! We'll be using this strategy to increase her lifetime benefits.
Miguel Ramos
•So glad you got the correct information! It's amazing how much misinformation gets spread, even by SSA employees who should know better. This will make a big difference in your retirement security. Congratulations!
thx for updating us! i might have to look into this for my husband now, we had no idea this was possible either
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Alina Rosenthal
Great question. If you're approved for ex-spousal benefits when applying for retirement, any additional amount would start from your entitlement date - usually the month after you apply for benefits. However, if you're already receiving your own retirement benefits and later apply for ex-spousal benefits, SSA can provide up to 6 months of retroactive benefits (but not going back further than your full retirement age).In the original poster's case, since she's applying for both at roughly the same time at age 70, the benefits would start together from her application date with no significant retroactive payment likely.
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Taylor To
Thanks! That makes sense. I've been on disability for years but I'm approaching retirement age so trying to figure out how all this works.
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