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I think with SSDI u can get divorced spouse benefits at ANY age not just retirement age. Normal retirement people have to wait till 62 but SSDI is different rules I think???
That's correct. If you're receiving SSDI, you can qualify for divorced spouse benefits at any age, not just retirement age, as long as you meet the marriage duration requirements (10+ years) and haven't remarried.
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This is so confusing! I thought I understood how marriage duration works for Social Security but now I'm not sure. I was in a traditional opposite-sex marriage for 9 years and 10 months before divorce, and I was told I missed the 10-year cutoff for ex-spouse benefits by just 2 months. It seems unfair that some people get different rules than others, but I guess that's how the law works sometimes. In any case, OP, I hope you can get those benefits!
The rules aren't different - all marriages follow the same 10-year duration requirement for ex-spouse benefits. The difference is only in how the start date is determined. For same-sex marriages, SSA had to clarify that they recognize these marriages from their original legal date, not from when federal recognition occurred. In your case, unfortunately, the marriage was indeed just shy of the 10-year mark.
Thank you all so much for the helpful information! I feel much better prepared now. I'll definitely keep records of all the policy information mentioned here when I eventually apply. I'm still years away from being eligible age-wise, but it's a relief to know I'll qualify based on the marriage duration. Social Security rules are so complicated - I'm grateful for this community's knowledge!
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That's correct about survivor benefits. While a spousal benefit is 50% of the worker's benefit amount, a survivor benefit is up to 100% of what the worker was receiving (depending on when you claim it). The GPO still reduces it by 2/3 of your government pension, but since the starting amount is higher, you're more likely to receive some benefit.For example, if your husband's benefit is $2,450/month, the potential survivor benefit would be $2,450 (not $1,225 like the spousal benefit). With your $2,890 pension, the GPO reduction would be about $1,927, leaving you with roughly $523/month in survivor benefits after your husband passes.I'd recommend getting this calculation verified by SSA when the time comes, as benefit amounts will have changed by then due to COLAs.
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I just thought of something important! When you apply, make sure to bring your marriage certificate AND divorce decree to prove you were married at least 10 years. They're super strict about this. My friend almost got denied because she couldn't find her divorce papers right away.
Also bring ur birth certificate. They made my wife go back home to get hers even tho she had her drivers license and passport! SS office is crazy about original documents.
GalaxyGazer
just wondering, did your husband work for the government? my sister's husband did and she got almost nothing from spousal benefits because of something called WEP or GPO i think?
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Luca Russo
•No, he worked in the private sector his whole career, so that shouldn't affect us. But thank you for mentioning it - I've heard those government pension offset rules can really reduce benefits for some people.
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Nia Harris
One last tip - when you do reach your FRA and apply for the spousal benefit, print out a copy of your husband's benefit verification letter showing his PIA amount, and bring your own as well. Having documentation of both benefit amounts will help ensure they calculate everything correctly. Also, if the online benefit verification letter doesn't show your exact start date, you can request your complete earnings record, which will show when benefits began. Log in to your my Social Security account, go to "Review Your Information" and then "View Earnings Record.
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Luca Russo
•Thank you for all the help! I've got my earnings record now and see exactly when I started. I'm going to make a calendar reminder for when I reach FRA so I don't forget to apply for the spousal benefit. Fingers crossed it's worth the effort!
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