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Ella Cofer

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

I recently found out I might qualify for additional Social Security benefits based on my ex-husband's record, but I'm completely lost on how this works! Here's my situation: I'm 63 and started collecting my own SS benefits last year at 62 (getting about $1,625/month). My ex and I were married for 14 years (divorced in 2000), and he makes WAY more than I ever did - around $150K yearly compared to my $57K. He's 65 but hasn't started taking his benefits yet. I tried applying online for these ex-spouse benefits but got some weird error message saying I couldn't complete it online? I thought that was an option? My main questions: 1. Can I even apply for these "top-off" benefits if my ex hasn't started collecting yet? 2. My Full Retirement Age is July 2025 - should I wait until then to apply for the ex-spouse benefits? (I'm still working but earn under the income limit) 3. Is there a calculator somewhere to estimate what I might get? I have no clue what his benefit amount would be. 4. Do I need to make an appointment since the online application didn't work? Really appreciate any guidance! This whole process is making me anxious.

Kevin Bell

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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.

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Ella Cofer

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Thank you! I didn't realize I'd get up to 50% of his amount minus whatever I'm already getting from my own record. Do you know if there's any way to estimate what his PIA would be based on his income? I have no idea what his benefit will be.

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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

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Ella Cofer

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Ugh, that's exactly what happened to me! Did you eventually get the ex-spouse benefits? Was it worth all the hassle?

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yea got extra $380/mo so def worth it!!! just prepare for LOOOOONG wait times on phone, they disconnect you after like 3 hrs sometimes its crazy

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Felix Grigori

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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.

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Ella Cofer

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That's so frustrating about the website! And thanks for explaining about the earnings limit - I didn't realize my current income could affect this so much. Might make sense to just wait until FRA then.

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Felicity Bud

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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.

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Ella Cofer

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Thank you so much for this detailed explanation! It sounds like waiting until my FRA might make the most sense given my situation. I really appreciate the insider perspective!

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Max Reyes

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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!!!

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Same here, the whole system is broken. When I applied for my divorced spouse benefits, they denied it first saying I hadn't been married 10 years (we were married 11). Had to appeal and wait ANOTHER 2 months. Then they underpaid me for 3 months. Total nightmare dealing with them.

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Adrian Connor

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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.

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Ella Cofer

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I've never heard of this service! That would be so much better than waiting on hold for hours. I'll definitely check it out. I'm at the point where I just want to talk to a real person who can answer my specific questions.

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Max Reyes

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does it actually work?? i'm skeptical of anything claiming to get through to SS faster

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Felix Grigori

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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.

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Ella Cofer

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That's really helpful! I have my divorce decree somewhere but will need to dig up the marriage certificate. I think I know his SSN but will double-check before I call.

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Kevin Bell

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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.

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Ella Cofer

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This is exactly what I was looking for! I'll try using that calculator with the information I have about his income. At least it will give me some ballpark idea before I call. Thank you!

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GalaxyGlider

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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!

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Malia Ponder

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I went through this exact situation about 2 years ago! Here's what I learned that might help: First, definitely call SSA directly - the online system for divorced spouse benefits is basically useless. I wasted weeks trying to make it work. When you call, ask specifically for someone who handles "divorced spouse benefits" - not all representatives are equally knowledgeable about this. Since you're so close to your FRA (July 2025), I'd strongly recommend waiting. Here's why: You're currently earning income, and even though you say it's under the limit, the earnings test can still reduce your divorced spouse benefit if you claim before FRA. Once you hit FRA, you can earn unlimited income without any reduction. One tip that saved me time - when you do call, have your ex's full name, date of birth, and Social Security number ready if you have it. Also have your marriage certificate and divorce decree handy in case they ask for the dates. The good news is that with his higher income compared to yours, you'll very likely qualify for additional benefits. At your income levels, there's probably a decent gap between what you're getting now and what 50% of his benefit would be. Don't get discouraged by the process - it's worth it! I ended up getting an extra $290/month, which makes a real difference.

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Yara Khoury

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This is really encouraging to hear from someone who went through the same thing! $290/month would make a huge difference for me too. I think you're right about waiting until my FRA - it's only a few months away and sounds like it could save me a lot of headaches with the earnings test. I'll definitely have all those documents ready when I call. Thank you for sharing your experience!

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I'm dealing with almost the exact same situation right now! I'm 64, divorced after 16 years of marriage, and my ex makes significantly more than I ever did. I started my benefits early at 62 and am now wondering if I should apply for the divorced spouse benefits. What I've learned so far from researching (but haven't acted on yet) is that the timing really matters if you're still working. Since you're so close to your FRA in July, it might be worth waiting those few months to avoid any complications with the earnings test. I'm also dreading the phone calls to SSA based on what everyone is saying about wait times, but it sounds like that's the only way to actually get this done. The online system being broken for divorced spouse benefits is so frustrating - why advertise it as an option if it doesn't work? Have you considered whether your ex might have any idea what his estimated benefit would be? I know it's awkward to ask, but it could help you get a ballpark estimate of whether it's worth pursuing. In my case, I have no contact with my ex so I'm going in blind. Keep us updated on how it goes when you do apply! It's helpful to hear real experiences from people in similar situations.

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Mei Wong

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I'm in such a similar boat! 16 years of marriage sounds like you'd definitely qualify too. I'm leaning toward waiting until my FRA in July based on all the advice here about the earnings test - it's only a few months away and seems like it could save complications. As for my ex's benefit estimate, we have zero contact (which is probably for the best!), so I'll be going in completely blind too. From what others have shared, it sounds like the SSA representatives can at least give you a rough idea once they look up his record during your call. I'm definitely dreading the phone wait times everyone's mentioned, but the potential extra monthly income makes it worth trying. I'll absolutely update once I go through the process - it would have been so helpful to have more real experiences to read about when I started researching this! Good luck with your situation too! Maybe we should both just bite the bullet and make those calls soon.

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Oscar Murphy

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One thing I haven't seen mentioned yet is that you can actually request a benefit estimate from SSA that includes potential divorced spouse benefits before you officially apply. When you call, ask them to run a "what-if" scenario - they can look at both your record and your ex's record and tell you exactly what you'd receive if you applied now versus waiting until your FRA. This could help you make a more informed decision about timing without committing to anything. They can also tell you if your ex's benefit amount would even result in additional money for you, since sometimes people assume they'll get more when their own benefit is already close to 50% of their ex's. Also, just a heads up - if you do decide to apply before your FRA and you're still working, make sure to report your expected earnings accurately. I've heard of cases where people underestimated their work income and ended up with overpayments that had to be paid back later. The protective filing date someone mentioned earlier is crucial too - even if you just call to get information, ask them to establish that protective filing date so you don't lose any potential back benefits while you're deciding.

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Lauren Wood

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This is really valuable information! I had no idea you could request a "what-if" scenario before officially applying - that sounds like exactly what I need to make an informed decision. It would be so helpful to know the actual numbers before going through the whole application process. The point about accurately reporting expected earnings is important too. I'm still working part-time and my income can vary a bit month to month, so I'll need to be careful about that estimate. I'm definitely going to ask about the protective filing date when I call. It sounds like there are so many little details that could affect the outcome - having someone experienced walk through all the options would give me much more confidence in whatever decision I make. Thank you for sharing these insights! This is exactly the kind of practical advice that's so hard to find elsewhere.

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Rachel Clark

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I've been helping seniors navigate Social Security for over a decade, and your situation is very common! Here are some key points that might help: **Timing Strategy:** Since your FRA is just 4 months away (July 2025), I'd strongly recommend waiting. Here's why: - At FRA, the earnings test completely disappears, so your work income won't reduce your benefits - You'll get the full spousal benefit calculation without early filing reductions - Less complexity = fewer chances for SSA to make errors **Application Process:** Unfortunately, divorced spouse benefits really do require calling or visiting an office. The online system has been problematic for years. When you call: - Ask specifically for a "divorced spouse benefit inquiry" - Request they run estimates for both applying now vs. at FRA - Get a protective filing date established **Documentation:** Have ready: marriage certificate, divorce decree, your ex's full name/DOB (SSN if you have it), and your own earnings projection for 2025. **Reality Check:** With his $150K income vs. your $57K, there's likely a meaningful benefit available, but the exact amount depends on his complete earnings history, not just recent income. The wait will be frustrating, but given you're so close to FRA, the timing actually works in your favor. Those 4 months could save you from earnings test complications and get you the maximum available benefit.

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NebulaNomad

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This is incredibly helpful - thank you for laying out such a clear strategy! You've convinced me that waiting until my FRA in July is definitely the smart move. The idea that the earnings test completely disappears at FRA makes it seem like a no-brainer, especially since I'm still working. I really appreciate the specific advice about what to ask for when I call ("divorced spouse benefit inquiry") and getting that protective filing date. Having a professional perspective on this makes me feel so much more confident about the process. One quick question - when you mention getting a "protective filing date established," does that lock in July as my application date even if I call to inquire before then? I want to make sure I understand the timing correctly. Thank you again for taking the time to share your expertise. This is exactly the kind of guidance I needed!

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Javier Cruz

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Great question about the protective filing date! To clarify - the protective filing date doesn't automatically lock in July as your application date. What it does is preserve your right to benefits from the date you first inquired, which protects you from losing any potential back payments if there are processing delays. So if you call in April to get information and establish a protective filing, but then decide to officially apply in July at your FRA, your benefit start date would still be July (when you wanted it to start). But if there were any administrative delays that pushed your approval into August or September, you wouldn't lose those July benefits. Think of it as insurance against SSA's processing times. It's especially valuable for divorced spouse benefits since they often require more documentation review and can take longer to process than regular applications. The key is being clear with the representative about your intentions - that you want to establish a protective filing for July 2025 (your FRA month) while gathering information now. This gives you the best of both worlds: protection against delays while still optimizing your timing for maximum benefits.

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