Can I claim Social Security spousal benefits from ex-husband after SSDI? Reaching FRA this year

Yes, you absolutely can claim divorced spousal benefits if your marriage lasted at least 10 years (which yours did at 14 years). Since you're reaching your FRA, you can get up to 50% of your ex's PIA (Primary Insurance Amount) if that amount is higher than your own benefit. It's not actually called a "top off" officially - it's called the "excess spousal benefit" and SSA will calculate the difference between your benefit and 50% of your ex's. The key is that when you reach FRA, your SSDI automatically converts to regular retirement benefits at the same amount. Then SSA looks at whether you qualify for additional spousal benefits. You don't need your ex's permission or even to notify him. Just contact SSA about 3 months before your FRA to apply for the divorced spouse benefit.

Be careful about this!!! I was in a similar situation and SSA gave me wrong information TWICE about my ex-spouse benefits. They told me I would get more money, but then when everything processed, my payment stayed exactly the same. Make sure you know what your ex's PIA is before getting your hopes up because if 50% of his isn't more than your SSDI, you won't see a penny more.

congrats on making it to FRA! i got confused about this too when i hit mine last year. the thing is u dont get YOUR benefit PLUS half of his... they just give u the higher of the two. so if ur getting $1430 now, ur ex would need to have a benefit of at least $2860 for u to get anything extra. not trying to burst ur bubble but thats how it works.

I worked for SSA for 26 years, and this question comes up frequently. Here's exactly how it works: When you reach FRA, you're eligible for what we call a "dual entitlement" calculation. SSA will automatically pay you the higher of your own benefit or the divorced spouse benefit (up to 50% of your ex's PIA). The good news is that your ex does NOT need to be collecting benefits for you to file as a divorced spouse - that's a special rule for divorced beneficiaries. He just needs to be eligible (age 62+). The formula is: If 50% of your ex's PIA exceeds your own PIA, you'll receive your own benefit plus the difference to bring you up to that 50% mark. So if your PIA is $1,430 and his is $3,200, you'd get your $1,430 plus an additional $170 (since 50% of $3,200 is $1,600, and $1,600 - $1,430 = $170).

just wanted to say don't count on the SSA people at the office to know all this stuff. when i asked about ex-spouse benefits they told me 3 different things on 3 different visits!!! still not sure if im getting everything im supposed to get

Im confused about something with this whole thing. I thought once u start getting SSDI that's it - you're locked into that amount forever even when you hit retirement age. Are you saying the amount can actually go UP at full retirement age if your spouse (or ex) made more? Why don't they tell people this stuff???

Thank you all for the helpful responses! I think I understand better now. When I reach my FRA, I should apply for divorced spouse benefits, and if 50% of my ex's PIA is higher than my current SSDI payment, I'll get some additional money. If not, I'll just keep getting what I get now. I'll definitely contact SSA before my birthday. Based on what several of you have said, it sounds like I should be prepared to advocate for myself since there seems to be confusion even among SSA staff about these rules.

Just want to add that when I was trying to figure out my spousal benefits (not divorced in my case), I kept getting incomplete information until I finally got through to an actual Technical Expert at SSA. Regular claims reps sometimes don't fully understand the complexities of spousal benefits combined with disability conversions at FRA. If you have trouble reaching SSA by phone (which is likely - their wait times are terrible), I used Claimyr.com to get connected quickly. Their service bypasses the hold times and got me through to a representative in minutes instead of hours. Their video shows the process: https://youtu.be/Z-BRbJw3puU

one more thing - make sure ur getting the EXACT right amounts. my mom thought she was getting everything she should but my sister looked into it and found out mom was being underpaid by almost $200/month for like 3 years!!! ssa gave her backpay but only after a big fight

Just to add some clarity: When you reach FRA, you should receive a letter from SSA about your SSDI converting to retirement benefits. That's the perfect time to inquire about divorced spouse benefits. Be prepared with your marriage certificate and divorce decree. SSA should be able to look up your ex's record with his SSN, but if you don't have it, they can usually find it with his full name and date of birth. The divorced spouse benefit calculation is: 50% of your ex's PIA minus 100% of your own PIA. If the result is positive, you get that amount added to your benefit. If it's zero or negative, your benefit stays the same.