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Can I claim ex-spouse Social Security benefits when he's still working? (74yo divorcee with younger ex who hasn't filed)

Help! I'm completely confused about whether I can get ex-spouse Social Security benefits in my situation. I'm turning 74 next month and have been divorced for almost 15 years now (we were married for 18 years). My ex-husband is turning 66 this December and still working full-time making around $125,000 annually. I never made much - topped out at about $40,000 in my best earning years. I've been receiving my own Social Security since 66, but it's barely enough to cover basics. I've called SSA every year since my ex turned 62 trying to find out if I qualify for any additional benefits based on his record. I keep getting different answers! Some reps say I can't get anything because he hasn't filed yet, others say I might qualify but need different paperwork, and one even told me I'd never qualify at all. It's beyond frustrating. My monthly check is only $1,450 and I'm really struggling with rising costs. Does anyone know if I'm entitled to any ex-spouse benefits even though he's still working and hasn't claimed his benefits? And would making an in-person appointment help? The phone system is absolutely useless.

im in kinda the same boat. divorce after 11 years and ex makes way more than me. but i heard you need to be married 10 years to get anything from their record. is that true?????

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Yes, that's correct - you need to have been married for at least 10 years to qualify for divorced spouse benefits. Since you were married for 11 years, you should meet that requirement. The other requirements are: 1) You must be at least 62, 2) You must be unmarried currently, and 3) If divorced less than 2 years, your ex must have filed for their benefits (but after 2 years of divorce, you can file regardless of whether they have).

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Ellie Kim

Author

Thank you all SO much for the helpful responses! I've scheduled an in-person appointment for next Tuesday morning. I'm bringing ALL my documents - marriage certificate, divorce decree, birth certificate, current benefit statement, and I even managed to find his SSN in some old tax returns. I'm going to specifically ask about "independently entitled divorced spouse benefits" and make sure they understand I've been divorced over 2 years and we were married over 10 years. I'm feeling hopeful for the first time in years! If they try to tell me I don't qualify because he's still working, I'll politely ask them to check the rules again. If I hit another brick wall, I might try that Claimyr service to reach someone who actually knows these specific rules. I'll update after my appointment to let everyone know how it went. Crossing my fingers!

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Good luck!!! Be persistent!!! let us know what happens

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You're so well prepared! Having his SSN will definitely help speed things up. One tip from my own experience - if the first person you talk to seems unsure or gives you conflicting info, politely ask to speak with a supervisor or someone who specializes in divorced spouse benefits. Don't be afraid to advocate for yourself. You've got this! Really hope you get the good news you deserve next Tuesday.

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Can I apply for survivor benefits at 76 if deceased husband's SS was higher than mine?

I've been collecting my own Social Security since I turned 65, but I just realized I might be leaving money on the table. My husband passed away in 2012 and I think his benefit was higher than what I'm getting now. I'm 76 years old and wondering if it's too late to apply for survivor benefits? I'm currently getting about $1,750 a month on my own record, but I think his would have been around $2,300. I never thought about this back when he died - just kept working until I retired and then applied for my own. Did I mess up by waiting so long? Can I still switch to his higher amount after all these years?

Just wondering - has anyone tried calling the SSA lately? Is it still super hard to get through? My mom waited 3 hours on hold last month before giving up!

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It's still very difficult. I called about 40 times over 3 days before getting through last month. The Claimyr service I mentioned earlier really does help with this specific problem. It essentially navigates the phone system for you and calls you back when there's an agent on the line. Saved me countless hours of frustration.

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As someone who works with seniors on benefit issues, I want to emphasize that you absolutely should pursue this! At 76, you have every right to apply for survivor benefits, and there's no time limit on when you can make this switch. One thing I'd add to the great advice already given - when you do get through to SSA, ask them to explain the "deemed filing" rules that were in effect when your husband passed in 2012. Depending on when you first applied for your own benefits, there might have been automatic considerations for survivor benefits that weren't properly processed. Also, don't be discouraged if the first representative you speak with seems uncertain about your situation. Survivor benefit calculations for cases like yours (where significant time has passed) can be complex, and sometimes you need to speak with a specialist or supervisor to get the full picture. The potential extra $550/month you mentioned could really add up over time, so this is definitely worth pursuing. Good luck!

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Can I apply for my wife's spousal benefits same time as my delayed SS retirement at 70?

Looking for some guidance about the timing of spousal benefits. I've delayed taking my Social Security retirement until I turn 70 in a few months (wanted those delayed retirement credits!). My wife started collecting her own SS when she reached her full retirement age about 3 years ago. We've done some calculations and it looks like her spousal benefit based on my work record would be quite a bit higher than what she's currently receiving (about $390 more per month). I'm wondering about the application process - can we submit her application for the spousal benefit at the same time I apply for my retirement benefit? Or does she need to wait until my benefits are actually approved and started? Also, will SSA automatically calculate and compare which benefit is higher, or do we need to specifically request the spousal benefit? This whole coordinating benefits thing is making my head spin. Thanks for any help!

One question nobody's asked - have you made sure the $390 increase calculation is correct? Remember that spousal benefit is 50% of your FRA amount (not your age 70 amount) minus her full retirement benefit. A lot of people get confused and think it's 50% of whatever you're actually receiving.

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Just wanted to add my experience as someone who went through this process recently. My husband filed for his delayed retirement benefits at 70 last year, and I was already receiving my own SS. Here's what actually happened: When he filed online, there was a specific section asking about spouse information and whether the spouse was already receiving benefits. He made sure to fill that out completely. About 6 weeks after his benefits started, I received a letter from SSA explaining that they had reviewed my eligibility for spousal benefits and would be increasing my monthly payment. The key thing that worked for us was being very thorough on his initial application - he included all my information and specifically noted in the comments section that we wanted spousal benefits reviewed. We didn't have to make a separate trip or application. That said, I'd still recommend following up after a month or two just to be safe. Better to be proactive than miss out on money you're entitled to!

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Social Security filing strategy with age gap - claim at 62 or wait until spouse reaches FRA?

Hi everyone, I'm getting a bit confused about the best strategy for filing for Social Security with our age gap situation. I'll be 62 next month and my online benefit estimate shows about $1000/month if I claim now. My Full Retirement Age amount would be around $1400, though it might increase slightly since I have some zero-earning years that could be replaced if I keep working part-time.My husband is quite a bit younger - he has about 6.5 years until his FRA (67). His estimated benefit at FRA will be approximately $3600.From what I've researched, I think I can claim my reduced benefit now at 62, then when my husband files at his FRA, I could request a spousal benefit increase. At that point, would my total benefit bump up to about $1800 (half of his $3600)? Or would it only increase to around $1400 (my own FRA amount)?Does it make more sense for me to take mine early, or should I wait until my FRA or even beyond? Our age gap is making this pretty complicated and I want to make sure I'm understanding the spousal benefit coordination correctly before making any decisions. Thanks for any insights!

Thank you all for the amazingly helpful responses! I'm leaning toward claiming at 62 based on our specific situation with the age gap and eventual spousal boost. I'll make sure to discuss with my husband about him possibly delaying until 70 for the survivor benefit protection. I'm going to try contacting SSA directly before making my final decision - hopefully I can get through without hours of waiting (thanks for the Claimyr suggestion). The earnings test information was also really valuable since I do plan to continue part-time work. I'll need to keep an eye on those limits.This has been incredibly helpful - I feel much more confident about making this decision now!

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Welcome to the community! As a newcomer here, I've been reading through all these responses and they're incredibly thorough. One thing I'd add from my recent experience - when you do contact SSA, ask them to run scenarios for both claiming at 62 vs waiting until FRA using your actual earnings record. Sometimes the online calculators don't capture everything, especially if you have gaps in earnings or pension offsets that could affect your benefits. Also, since you mentioned potentially working part-time, make sure to understand how the earnings test works in practice - some people get surprised when their checks are reduced temporarily. The community here seems really knowledgeable and supportive for navigating these complex decisions!

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Can I claim my late husband's Social Security at 60? Married 9 years before his death

Hi everyone, I'm trying to figure out my Social Security options as I approach 60. My husband passed away 13 years ago and we were married for 9 years before he died. I'm currently 57 and haven't remarried since his passing. I've heard different things about survivor benefits - some people say I can claim at 60, others say I needed to be married for 10 years. I'm confused about what rules apply to widow benefits versus spousal benefits from a divorce. Does anyone know if I'll qualify for his benefits when I turn 60? His benefit amount would be significantly higher than mine as I took several years off work to raise our children. I'm trying to plan ahead for retirement and this would make a huge difference in my monthly income. Thanks for any help!

Another thing to consider - if you're eligible for both your own retirement benefit and a survivor benefit, you can choose which one to take first. This can be a powerful strategy. For example, you could take the survivor benefit at 60 (at a reduced rate) and let your own benefit grow until age 70, then switch. Or take your own reduced benefit at 62 and switch to the full survivor benefit at your FRA. Run the numbers on both scenarios to see which gives you more lifetime benefits. The best strategy depends on your own work record compared to your late husband's benefit amount.

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This is what I'm doing! Taking widow benefits now and letting my own benefit grow. My financial advisor ran the numbers and based on my earnings history and life expectancy, I'll come out ahead by switching to my own benefit at 70. Definitely worth talking to a financial advisor who specializes in Social Security claiming strategies if you can.

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This thread has been incredibly helpful! I'm in a similar situation - widow at 58, married for 12 years before my husband passed. One thing I'd add that helped me tremendously was creating a Social Security account online at ssa.gov. You can see your estimated benefits and your late spouse's earnings record (if you were married when he passed). This gave me a clearer picture of what to expect before I even contacted them. Also, for those worried about the reduced benefit at 60 - remember that you're getting 7 years of payments that you wouldn't get if you waited until FRA. Sometimes the total lifetime benefit works out to be similar, especially if you invest those early payments. It really depends on your health, other income, and financial needs. One last tip: if you do decide to claim early, make sure you understand how it affects Medicare eligibility. You don't automatically get Medicare at 60 just because you're getting Social Security survivor benefits - you still have to wait until 65 (unless you qualify for disability). This caught me off guard in my planning!

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