Can I claim Social Security ex-spouse benefits if ex isn't collecting yet? Confused about top-off amounts

Yes, you can absolutely apply for divorced spouse benefits even if your ex hasn't filed yet, as long as you've been divorced for at least 2 years (which you clearly have been at 25 years) and you're both at least 62. You're eligible for up to 50% of his Primary Insurance Amount (PIA), but reduced since you started your own benefits early. Since you're already collecting your own benefits, you'd only get the difference if his record would give you more. As for waiting until your FRA - there's potentially a benefit if you're still working and close to the earnings limit. At FRA, the earnings test goes away completely. The online application system can be glitchy for divorced spouse benefits. You'll definitely need to call SSA directly or visit an office.

i had almost identical situation last yr, married 12 yrs, divorced long time. the SS people told me i had to CALL not do it online, dunno why their website says u can do it online when u cant!! wasted so much time trying!! finally got someone on phone after like 2 hrs wait

I've been trying to help my neighbor who's in exactly your situation. The SSA website is INCREDIBLY misleading about divorced spouse benefits! It states you can apply online but then randomly kicks people out with no explanation. As for calculators, there aren't any official ones specifically for divorced spouse benefits. You essentially get the higher of either your own benefit OR up to 50% of your ex's benefit (reduced if claiming before FRA). Also, just FYI - there's ABSOLUTELY a benefit to waiting until your FRA (July 2025) if you're working. Before FRA, they deduct $1 for every $2 you earn above the annual limit ($21,240 in 2025). At your income level of $45k, that could significantly reduce what you'd get from the ex-spouse benefit! BTW don't expect SSA to calculate this correctly the first time. My neighbor had to call THREE TIMES before they got her payment right.

I worked as a claims specialist with SSA for 15 years. To answer your questions directly: 1. You don't need your ex to be collecting for you to receive divorced spouse benefits. The "independently entitled divorced spouse" provision means you can file if you've been divorced 2+ years. 2. There could be significant benefit to waiting until your FRA in July 2025. At that point: - You won't be subject to the earnings test (no matter how much you earn) - You'll be eligible for the full spousal benefit percentage (though still offset by your own) 3. There's no public calculator for this specific scenario. But the formula is basically: 50% of your ex's PIA minus 100% of your own PIA (if positive). Then reduction factors apply if you're under FRA. 4. Yes, divorced spouse benefits often require direct contact. The online system has limitations for complex cases. Based on the rough income figures you provided, there's a good chance you'll qualify for some additional amount, but it's impossible to estimate without knowing your ex's actual PIA.

My sister wasted 3 MONTHS trying to do this!!! The SS people kept giving her wrong info about her ex spouse benefits. They told her one amount then changed it THREE TIMES!!! So frustrating!!!! And dont even get me started on the wait times!!!

I went through this exact process last year! Save yourself the headache of trying to reach Social Security directly - I used Claimyr (claimyr.com) to get through to an agent after wasting days trying on my own. They have a video demo at https://youtu.be/Z-BRbJw3puU that shows how it works. It's basically a service that helps you skip the wait times. Once I got through to an agent, they explained that for divorced spouse benefits, you have to call and can't do it online despite what their website says. The agent helped me calculate my benefit amount on the spot - turned out I was eligible for an extra $210/month on top of my own benefit.

One thing no one has mentioned yet - BRING DOCUMENTATION when you apply! You'll need your marriage certificate AND divorce decree. My sister didn't have her divorce papers when she went in for her appointment and they made her reschedule. Complete waste of time. Also, they'll probably ask for your ex's Social Security number. If you don't have it, they can usually find him in their system with his full name and date of birth.

To address your calculator question specifically - while there's no dedicated calculator for divorced spouse benefits, you can get a rough estimate. 1. Use the SSA's Quick Calculator to estimate what your ex-spouse's benefit would be at his FRA: https://www.ssa.gov/OACT/quickcalc/ 2. Take 50% of that amount 3. Compare it to your current benefit 4. The difference (if his 50% is higher) is approximately what you'd receive But there are reduction factors if you claim before your FRA. Since you're already receiving your own reduced benefit at 62, the calculations get complex. This is why speaking directly with SSA is important - they have access to both earning records and can calculate the exact amount.

Just wanted to add one more important point that might help with your timing decision - since you're still working and earning under the limit, you should know that the earnings test applies differently to divorced spouse benefits versus your own benefits. If you claim the divorced spouse benefit before your FRA and you're still working, they'll reduce BOTH your own benefit AND the spousal portion based on your earnings. But once you reach FRA in July 2025, the earnings test disappears completely, so you could work and earn any amount without affecting your benefits. Given that you're only a few months away from your FRA, it really might make sense to wait. Plus, at FRA you'll get the unreduced spousal benefit calculation (though still offset by your own benefit amount). Also, when you do call SSA, ask them to do a "protective filing" - this can preserve your application date even if there are delays in processing. Good luck!