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Can I claim Social Security spousal benefits if separated for 20 years when husband is only 58?

I'm turning 68 next month and could really use the extra income from Social Security. My husband and I have been separated for about 20 years but never got divorced (complicated reasons). He's 58 now, still working and paying into Social Security. I already filed for my own benefits when I was 66, but they're pretty small since I stayed home with our kids for many years. I heard I might be eligible for spousal benefits even though we're separated, but someone told me he has to be at least 62 before I can claim on his record? Is that true? Do I really have to wait 4 more years? We're not in contact anymore so asking him to file early isn't an option. Any advice would be so appreciated!

Anna Kerber

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You can't claim spousal benefits until your husband has filed for his own benefits, and he can't file until he's at least 62. So yes, unfortunately you'll have to wait until he reaches that age. The fact that you're separated doesn't matter to SSA as long as you're still legally married. When he turns 62, even if he doesn't file for his benefits, you could potentially get spousal benefits if they're higher than your current retirement benefits. Just make sure you have all your marriage documentation ready when you apply.

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Niko Ramsey

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this is correct. speration doesnt matter to SSA, only legal marriage status. my cousin went thru something similar

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Seraphina Delan

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Wait, I'm confused. I thought there was some special rule for people who are separated? Something about 'deemed filing' if you've been married for more than 10 years? Can someone clarify this? I'm in a somewhat similar situation except I'm 61 and my husband is 65.

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Jabari-Jo

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You might be confusing spousal benefits with divorced spouse benefits. If you're divorced after at least 10 years of marriage, you can claim on your ex's record once you're both at least 62, even if they haven't filed yet. But this doesn't apply to separated couples who are still legally married - they follow the regular spousal benefit rules requiring the worker to file first.

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Kristin Frank

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I had EXACTLY your situation a few years ago. Here's the deal: you absolutely have to wait until your husband turns 62 AND files for his benefits before you can get spousal benefits. It's frustrating but that's the rule. The only exception would be if you got divorced - then after 10 years of marriage you could claim on his record when he turns 62 whether he files or not. Have you considered whether a divorce might actually be beneficial financially at this point? Since you've been separated 20 years, you'd meet the 10-year marriage requirement for divorced spouse benefits.

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Roger Romero

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Thank you for sharing your experience! I honestly never thought about divorce being potentially beneficial for Social Security purposes. That's something to consider, though I'd have to figure out how to even contact him after all these years. Would my own current benefit continue while I wait either way?

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Micah Trail

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SSA is sooooo annoying with these rules!!! My aunt was in a similar spot and they made her jump through HOOPS to get her benefits. And good luck getting a straight answer from them on the phone - I spent THREE DAYS trying to reach someone last month about my own retirement questions!!

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Nia Watson

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I feel your pain about reaching SSA. I recently found a service called Claimyr (claimyr.com) that actually gets you through to a live Social Security agent, usually in under 20 minutes. Saved me hours of redial hell. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU - might be worth checking out for anyone struggling to get answers about complicated situations like this spousal benefit question.

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Anna Kerber

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Just to clarify one additional point - even when your husband does turn 62, if he doesn't actually file for his benefits, you still can't receive spousal benefits while still married. This is different from the divorced spouse rules. And if he does file at 62, he'll get a permanently reduced benefit (about 30% less than his full retirement age amount). Since you mentioned you're not in contact, this creates a real dilemma since you have no way to know if/when he files. The Social Security Administration won't proactively tell you.

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Roger Romero

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That's so frustrating! So I'm basically stuck waiting and hoping he files someday? Is there any way I can check with Social Security if he's filed without contacting him directly?

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Jabari-Jo

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To answer your follow-up question - yes, your own retirement benefits will continue regardless. If your husband files at 62 and your spousal benefit would be higher than your current benefit, you'd get your benefit plus the difference to equal the spousal amount (up to 50% of his primary insurance amount). As for checking if he's filed, unfortunately privacy laws prevent SSA from telling you his filing status without his consent. However, you could file a protective filing statement now stating your intent to file for spousal benefits as soon as he becomes eligible. This creates a record of your intent that could help with retroactive benefits later.

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Roger Romero

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Thank you so much for this detailed explanation! I'll look into filing that protective statement right away. This is all so complicated, but I'm grateful for the help.

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Seraphina Delan

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WAIT!!! I just remembered something important! If you've been married for 10+ years (which you have) AND you're at least 62 (which you are), I think there's a way to get benefits on his record even without contacting him? My neighbor did this... I think it's called a "protective application" or something. Has anyone else heard of this??

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Kristin Frank

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You're confusing the rules again. What you're describing only applies to divorced spouses, not separated-but-still-married spouses. The original poster would need to actually get divorced first to use that provision, and even then she'd still need to wait until he turns 62. The protective filing statement I mentioned earlier doesn't change the eligibility rules - it just preserves an earlier filing date for potential retroactive benefits.

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Micah Trail

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My sister had a similar situation and she just gave up trying to get the higher benefit amount cuz the whole process was SO FRUSTRATING. She said it wasn't worth the stress dealing with all the SSA bureaucracy. Sometimes I wonder if they make it this complicated ON PURPOSE so people don't get all the benefits they deserve!!! 😠

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Niko Ramsey

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thats why its always good to talk to the actual SSA reps not just go by what people say online (including me lol). rules are complicated and change sometimes

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Jabari-Jo

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One last thing to consider: since you're 68 and already past your Full Retirement Age, when you do eventually qualify for spousal benefits, you won't face any reductions for early filing on your end. You'll be eligible for the maximum spousal benefit (up to 50% of your husband's Primary Insurance Amount). However, since it sounds like your own benefit is already established, you'll only receive the difference if the spousal amount is higher. I'd recommend scheduling an appointment with SSA when your husband gets closer to 62 to review all your options at that time.

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Roger Romero

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Thank you again! I'll definitely do that. It's disappointing to have to wait, but at least I understand the rules better now.

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