Can I claim Social Security spousal benefits after 23-year separation without divorce?
I'm in a really weird situation with Social Security benefits and need some guidance. I'm technically still married but we've been separated for over 20 years - never officially divorced. I'm 65 and started collecting my SS retirement at 62 due to health issues, getting about $1,375/month. My estranged husband is 60 and has had spotty work history until recently. My daughter says he's now been at a steady job making around $25/hr for the past few years. I raised our kids alone while working multiple jobs, and he did send child support, but his earnings record is probably thin compared to mine. I'm wondering what options I have when he reaches retirement age? Can I claim any spousal benefits even though we've been separated for decades? Or if he passes away, would I be eligible for survivor benefits? I've heard something about needing his benefit to be at least 50% higher than mine to make it worthwhile... is that right? Even a small increase would help me tremendously right now. Any advice appreciated!
19 comments


Mei Lin
Yes, you can potentially get benefits on your husband's record despite the long separation! As long as you're legally married, you qualify for spousal benefits (up to 50% of his full retirement amount) or survivor benefits when he passes (up to 100% of what he was receiving). Since you took your own benefits early at 62, you're getting a reduced amount. However, for spousal benefits to increase your monthly payment, his Primary Insurance Amount (PIA) at his full retirement age would need to be more than twice your current benefit. For survivor benefits, there's a better chance of an increase, but it depends on his earnings record. The good news is that when claiming survivor benefits, the reduction for taking your own benefits early doesn't apply the same way. I'd recommend contacting SSA when he's approaching retirement age to see what your options are. They can run calculations based on both work histories.
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Jamal Wilson
•Thank you for explaining! So if I understand correctly, I need to wait until he's near retirement age to find out if I'd get anything extra? Is there a way to estimate this now? I'm not even sure what his earning history looks like beyond what my daughter has told me.
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Liam Fitzgerald
my cousin was in a similar situatin. seprated for like 15 yrs never divorced. when her ex died she got surviver benefits that were way more then her own ss check! but SSA didnt auto tell her about it, she had to apply. dont wait for them to contact u!
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Jamal Wilson
•That's good to know! I just worry that since his work history was so sporadic until recently, his benefits won't be high enough to help me. But maybe after these last few years of steady work it could make a difference.
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GalacticGuru
The 50% rule you mentioned only applies while he's alive. For spousal benefits, you can receive up to 50% of his Primary Insurance Amount (what he'd get at full retirement age), BUT this gets reduced if you claim before your own full retirement age. Since you already claimed at 62, you'd get the greater of: your own benefit OR the reduced spousal benefit. When he dies, survivor benefits work differently. You could receive up to 100% of what he was receiving at death. Given your situation, you should definitely apply for survivor benefits if he passes away before you. One important note: If he remarried after your separation (even without a divorce), that creates a legal complication that would need to be resolved.
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Amara Nnamani
•Wait, I think this is WRONG. If they're still legally married but separated, the current wife still has rights to spousal benefits regardless of how long they've been separated! It's about the legal status, not living arrangement. Also, he CANT have remarried if they never divorced!!! That would be bigamy! 🤦♀️
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Giovanni Mancini
Getting through to Social Security to ask about these complex situations can be incredibly frustrating. I was in a similar position trying to understand my options with my ex and spent WEEKS trying to reach someone. I finally used a service called Claimyr (claimyr.com) which got me through to a live SSA agent in about 20 minutes instead of waiting on hold for hours or getting disconnected. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Once I actually spoke with someone, they were able to access both our earnings records and clearly explain my options. For something complicated like your situation, speaking directly with SSA is really the only way to get accurate information based on your specific circumstances.
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Jamal Wilson
•Thanks for the tip! I've tried calling several times and either get disconnected or told the wait is over 2 hours. I'll check out that service because I really need to speak to someone who can look at our specific situation.
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Fatima Al-Suwaidi
THE SYSTEM IS RIGGED AGAINST US!! I was in almost IDENTICAL situation except I was separated 17 yrs. When my ex died Social Security REFUSED to give me full survivor benefits because they said I wasn't "dependent" on him since we lived apart!!! Had to fight for MONTHS and get a lawyer involved. They make up rules to deny benefits we EARNED!!! Make sure you document EVERYTHING about your marriage and keep pushing!!!
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GalacticGuru
•That doesn't sound right. The law doesn't require dependency for widow(er)'s benefits if you were married for at least 9 months before death (with some exceptions). Living apart doesn't disqualify you. There must have been other factors in your case, perhaps related to other benefits or income. The actual rules are clearly published in SSA's Program Operations Manual System (POMS).
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Fatima Al-Suwaidi
•EXACTLY MY POINT!!! The rules say one thing but the people APPLYING the rules do whatever they want!! They denied me originally and only approved after my lawyer got involved. They try to DISCOURAGE people from getting their rightful benefits!!!
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Dylan Cooper
Something nobody mentioned - if he has a pension from work that didn't pay into Social Security (like some government jobs), the Government Pension Offset might reduce any spousal/survivor benefits you'd get from his record. Just something to be aware of if he ever worked in public sector.
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Jamal Wilson
•I don't think he ever had government work, mostly construction jobs and factory work as far as I know. But I appreciate you mentioning this - there's so many rules I'm learning about!
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Liam Fitzgerald
have u tryed asking him about his SS? maybe he would just tell u what his earning record is like. then u could know better what to expect?
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Jamal Wilson
•We really don't communicate directly anymore. It's been over 20 years and things didn't end well. I only hear about him through our daughter occasionally.
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Amara Nnamani
Just want to point out that taking your benefits at 62 means you're getting about 30% less than if you'd waited until Full Retirement Age. That's probably why your monthly amount seems low compared to your lifetime of work. It's not just about working - it's about WHEN you claim. Unfortunately, once you claim early, that reduction is permanent (though spousal/survivor benefits work differently).
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Jamal Wilson
•Yes, I know I took a reduction, but I had serious health issues and couldn't work anymore. It wasn't really a choice for me - I needed the income. That's why I'm hoping there might be some way to increase it now, even slightly.
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Amara Nnamani
•I understand completely. Health issues can force our hand on these decisions. I just wanted to make sure you understood why the benefit seems low compared to your work history. I hope you can get some additional benefits through your husband's record!
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Gianni Serpent
I work for a disability advocacy organization and see cases like yours regularly. One thing that might help is requesting your husband's Social Security Statement to get a clearer picture of his potential benefits. You can do this as his spouse - SSA Form SSA-7050-F4 allows you to request another person's earnings record if you're married to them. Also, don't overlook that his recent steady employment at $25/hr could significantly boost his benefit calculation since Social Security uses your highest 35 years of earnings. If he works until his full retirement age, those final years of higher earnings will replace some of his earlier lower-earning years in the calculation. Given your health issues that forced early retirement, you might also want to explore whether you qualify for Social Security Disability benefits, which aren't reduced for early filing like retirement benefits are. It's worth investigating all your options!
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