Can I claim Social Security ex-spouse benefits at 84 when ex started collecting at 62?
I'm 84 years old and just found out from a friend that I might be eligible for ex-spouse Social Security benefits! My ex-husband and I divorced in 1992 after 22 years of marriage (we never remarried). He started collecting his SS at 62, and I've been collecting my own benefits since I turned 65. Recently discovered my benefit is significantly lower than what I could get from his record (50%). No one at Social Security ever mentioned this to me when I applied! Can I still apply for ex-spouse benefits at my age? Would I get retroactive payments? I tried calling the SS office but got frustrated with the wait times. Any advice would be so appreciated.
18 comments
Jamal Brown
Yes, you absolutely can apply for ex-spouse benefits even at 84! Since you were married more than 10 years and haven't remarried, you qualify. The fact that your ex started claiming at 62 doesn't affect your ability to claim on his record. You should contact SSA immediately as you've potentially been leaving money on the table for years. However, retroactive benefits are generally limited to 6 months maximum, so unfortunately you won't get back payments for all those years. But moving forward, you could receive the higher amount (up to 50% of your ex's full retirement age benefit) if it exceeds your own benefit.
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Zoe Kyriakidou
•Thank you so much! This is both good and disappointing news. I wish someone had told me years ago! Do you know if I need any special documents to apply? I have our divorce decree somewhere but would need to look for it.
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Mei Zhang
my aunt went thru this exact same thing found out when she was 79 that she could get more from ex husbands record. but social security only gave her 6 months back pay even tho she shouldve been getting it for years. so frustrating!!!
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Zoe Kyriakidou
•Oh no, that's exactly what I was afraid of! So many years of lower payments I can never get back. Did your aunt have any trouble with the application process?
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Liam McConnell
The SSA should have informed you of ALL your benefit options when you initially filed. This is a perfect example of their failure to properly advise beneficiaries. Unfortunately, they operate under the principle that it's YOUR responsibility to know what benefits you're entitled to, not theirs to tell you. RIDICULOUS system! File immediately and demand to speak with a supervisor about the retroactive benefits. While 6 months is standard, there are OCCASIONALLY exceptions made for advanced age or if you can prove you inquired previously. Don't hold your breath though - the government is happy to keep your money!
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Amara Oluwaseyi
•This is why I always tell people to RESEARCH before applying for Social Security. The representatives often don't explain all options, and once you've made your choice, you're generally stuck with it. The SSA manual is thousands of pages, and most reps don't know all the details for unusual situations. Definitely apply now for the ex-spouse benefit. You'll need your marriage certificate, divorce decree, and your ex's Social Security number (though they can typically find this if you don't have it). Be prepared with his date of birth as well.
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CosmicCaptain
are you sure you even qualify? my sister tried to get her exhusbands SS and they said she couldn't because she was already getting her own. something about you only get the higher amount not both. so you might be disappointed if you go through all this trouble
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Jamal Brown
•You're partly right, but there's a misunderstanding here. The original poster wouldn't receive BOTH benefits - she would receive the higher of either her own benefit OR up to 50% of her ex's benefit. Since she mentioned her benefit is lower than what 50% of her ex's would be, she would see an increase by switching to the ex-spouse benefit. She doesn't get both added together.
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Giovanni Rossi
I went through something similar last year trying to contact Social Security about switching to my ex's benefit. Spent WEEKS trying to get through on the phone - either constant busy signals or disconnected after waiting on hold for hours. Finally discovered Claimyr (claimyr.com) which got me connected to a live agent in under 20 minutes. They have a video showing how it works here: https://youtu.be/Z-BRbJw3puU After getting through, I found out I was eligible for an additional $420/month by claiming on my ex-husband's record instead of my own. Definitely worth pursuing in your case!
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Zoe Kyriakidou
•Thank you for sharing this! I've been so frustrated trying to reach someone. I'll check out that service because at my age, I don't have the patience to sit on hold for hours anymore. $420 more per month would make a huge difference for me!
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Fatima Al-Maktoum
I don't think this is right. My cousin tried to get his ex wife's SS and they told him he couldn't because he remarried. Did you remarry after your divorce? That would disqualify you I think.
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Amara Oluwaseyi
•The original poster specifically mentioned that she never remarried, so this wouldn't apply to her situation. You're correct that remarriage generally disqualifies someone from collecting ex-spouse benefits (with some exceptions if the later marriage also ends). Your cousin's situation is different because he remarried, but the original poster would still qualify based on what she shared.
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Jamal Brown
One important thing to keep in mind: when you apply for the ex-spouse benefit, the SSA will automatically give you whichever is higher - your own benefit or the ex-spouse benefit. This is called "deemed filing." Since you're well past full retirement age (which would be around 65 for someone your age), you should be eligible for the maximum ex-spouse benefit, which is 50% of your ex's Primary Insurance Amount (PIA) - what he would receive at his full retirement age, not what he actually receives since he took reduced benefits at 62. Make an appointment with your local SSA office or call the main number. Bring/have ready: 1. Your marriage certificate 2. Your divorce decree showing marriage lasted at least 10 years 3. Your ex's Social Security number if you have it (though they can find this) 4. Your ID and Social Security card
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Zoe Kyriakidou
•Thank you for explaining this so clearly! I was confused about whether it would be 50% of what he's actually getting or what he would have gotten at full retirement age. This makes me hopeful I might get more than I initially thought. I'll gather these documents right away.
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Mei Zhang
wait do u have to tell ur ex spouse ur applying for their benefits? cause mine would be furious if he found out i was getting money from his record lol
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Amara Oluwaseyi
•No, you don't need to notify your ex-spouse when you apply for benefits on their record. The SSA handles this confidentially, and your ex won't be notified. Their benefits are not affected or reduced in any way by you claiming on their record. They'll never know unless you tell them.
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Zoe Kyriakidou
Update: I finally got through to Social Security! The agent confirmed I am eligible for ex-spouse benefits and it will increase my monthly payment by about $370! They're processing my application now. They said I'll only get 6 months of back payments though, which is disappointing considering I could have been receiving this higher amount for nearly 20 years. Still, I'm grateful for the increase going forward. Thanks to everyone for your help and advice!
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Fatima Al-Maktoum
•Congrats on the increase! Better late than never I guess. My mom missed out on thousands too because nobody told her about widow benefits until years after my dad passed. The system really should do better at informing people.
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