Can I claim Social Security spousal benefits on my ex-husband's record if we're together but not legally remarried?

Yes, you should be eligible for ex-spouse benefits based on your 11-year marriage, even though you're living together now! The Social Security Administration doesn't care about your current living arrangement - only that you were legally married for over 10 years. But there are some important things to know: 1. Since you're receiving SSDI, they'll pay you whichever is higher - your own disability benefit or the spousal benefit (not both) 2. You can apply for the ex-spouse benefit even if he hasn't filed for his own benefits yet, as long as you've been divorced for at least 2 years (which you have) 3. Your ex-spouse doesn't need to know or approve this claim I went through this exact process last year. Call SSA directly to start the process - that's the easiest way.

Hate to disagree with previous poster, but the rules are a bit more complex in your situation. Since you're already receiving SSDI, filing for ex-spouse benefits only makes sense if 50% of your ex's Primary Insurance Amount (PIA) would be higher than your current SSDI payment. You should check your benefit amount and compare it to what you might get as an ex-spouse before applying. Also, the two-year waiting period after divorce only applies if your ex hasn't filed for his benefits yet. Since he's 60 and still working, I'm assuming he hasn't filed yet. I had to straighten this out for my sister who was in a similar situation. She ended up waiting because her SSDI was actually higher than what she would have received as an ex-spouse.

my cousin went thru this!!! SSA makes this SO CONFUSING but yes you can do it cause you were married more than 10 yrs. call them NOW!!! took my cousin 3 months of calling to get someone on the phone tho lol good luck

Wait im confused. Is the OP married or divorced??? You cant get benefits if you remarried, right?

Let me clarify a few important technical points about ex-spouse benefits in this situation: 1. You qualify for ex-spouse benefits if your marriage lasted at least 10 years (yours was 11, so you qualify) 2. You must be unmarried currently (living together without remarrying meets this requirement) 3. When you're on SSDI and apply for spousal/ex-spousal benefits, SSA will automatically pay you the higher amount between your own SSDI and the spousal benefit. This is called "deemed filing." 4. If your ex hasn't filed for benefits yet, you can still claim ex-spouse benefits if you've been divorced for at least 2 years 5. Your ex's benefit won't be reduced by your claim I recommend creating an account at my.ssa.gov to see your current SSDI amount, then call SSA to discuss what your ex-spouse benefit might be. If you've been on SSDI for several years, your benefit may already be higher than what you'd get as an ex-spouse.

Based on your SSDI amount of $1,450, your ex-husband's PIA (Primary Insurance Amount) would need to be around $2,900 for the spousal benefit to potentially be higher than your current SSDI. That's because ex-spouse benefits are calculated at 50% of the worker's PIA. Regarding widow benefits: Yes, if you're still unmarried when he passes away, you could potentially switch to widow's benefits, which would be up to 100% of what he was receiving (rather than 50% for ex-spouse benefits). This could be significantly higher. However, be aware that any benefit taken before your Full Retirement Age would be reduced. The maximum reduction for widow's benefits is 28.5%, so timing matters.

To answer the question about widow benefits - yes, surviving divorced spouses can qualify for widow/widower benefits if: 1. The marriage lasted at least 10 years 2. The surviving ex-spouse is currently unmarried (or remarried after age 60) This is one of the less-known aspects of Social Security, but it can be very important financially. If your ex has a much higher earning history than you do, those widow benefits could be substantially higher than your own benefit. Also, just to add one more point of confusion - the rules for widow benefits are different than for spousal benefits. You can take reduced widow benefits as early as age 60, whereas spousal benefits start at 62.

Something nobody's mentioned yet - you'll need to provide proof of your marriage and divorce when you apply for ex-spouse benefits. They'll want your marriage certificate and divorce decree. If you can't find them, you can get copies from the county clerk's office where you got married/divorced. I had to do this for my own application - cost about $25 for each document.

You can apply now since you've been divorced for more than 2 years and you're already receiving SSDI. You don't need to wait for him to reach his full retirement age or file for benefits. However, whether you should apply now depends on the benefit amounts. Based on your current SSDI of $1,450, and assuming your ex-husband has had high earnings throughout his career, it may be worth checking. Here's what I suggest: 1. Call SSA to schedule an appointment (use the Claimyr service someone mentioned if you have trouble getting through) 2. Ask for an estimate of what your ex-spouse benefit would be 3. Compare that to your current SSDI amount 4. If the ex-spouse benefit is higher, proceed with the application Remember to gather your marriage certificate and divorce decree before the appointment. If you can't find them, start the process of requesting new copies now, as this can take several weeks.

Just wanted to add one more consideration that might be helpful - since you're already on SSDI, you should also think about Medicare timing. If you've been on SSDI for 24 months, you're automatically enrolled in Medicare Part A and B. When you switch to any other type of Social Security benefit (like ex-spouse benefits), your Medicare coverage continues without interruption. This is important to keep in mind as you navigate these benefit decisions, especially if you have ongoing medical needs. The transition between benefit types won't affect your healthcare coverage, which is one less thing to worry about!

I work as a benefits counselor and see situations like yours frequently. One thing I'd add to all the great advice here is that you should also ask SSA about "protective filing" when you call. If there's any chance your ex-spouse benefit would be higher than your SSDI, you can establish an application date while they calculate the exact amounts. This protects you from losing any retroactive benefits if there are processing delays. Also, since you mentioned your ex-husband has always earned more than you, there's a good chance his PIA is high enough that 50% would exceed your current $1,450 SSDI. High earners often have PIAs in the $3,000-4,000 range, which would make your potential ex-spouse benefit $1,500-2,000. Don't forget that if you do switch to ex-spouse benefits, you'll still be protected by cost-of-living adjustments (COLAs) just like with SSDI. The benefit type changes but the annual increases continue.