Can I claim Social Security top-up from ex-spouse's SSDI at 62 if currently 60?
My situation is complicated and I'm not finding clear answers on the SSA website. My ex and I were married for 22 years before divorcing about 8 years ago. We're both 60 now. I worked consistently (mostly administrative jobs) while my ex-spouse has been receiving SSDI for about 11 years due to a serious back injury. I'm trying to plan ahead and understand my options. When I reach 62, can I claim some portion of my ex's disability benefit as a divorced spouse benefit? Would it work as a "top-off" to my own retirement benefit if mine is lower? And if I claim at 62 instead of waiting until my Full Retirement Age (67), how exactly would the reduction work—would it be based on my benefit alone or the combined amount? I'm not looking to maximize every penny, just want to understand if I should factor this ex-spouse benefit into my retirement calculations at all. Thanks for any guidance!
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Seraphina Delan
Yes, you can potentially receive divorced spouse benefits based on your ex's record, including when they're receiving SSDI. The key requirements are: 1) marriage lasted at least 10 years (yours was 22, so you qualify), 2) you're unmarried now, and 3) you're at least 62. As for the amount, you'd receive the higher of: your own benefit OR up to 50% of your ex's full benefit (reduced if you claim before your FRA). It's not a "top-off" - you get the greater of the two, not both combined. The reduction for claiming early would be based on YOUR age when claiming, regardless of which benefit ends up being higher. At 62, you'd get about 70% of your full divorced spouse benefit amount.
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Niko Ramsey
•Thank you for explaining! So if I understand correctly, at 62 I'd get either my own reduced retirement benefit OR about 35% of my ex's SSDI (50% reduced by 30% for early claiming), whichever is higher—not a combination of both. That makes sense. Does it matter that my ex is on disability rather than regular retirement benefits?
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Jabari-Jo
They dont give u both!!! u get whatevr is MORE - either ur own or the ex-spouse amount. And yeah if u take it at 62 its gonna be a LOT less than waiting til 67. My sister tried this and was disappointd with the amount.
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Niko Ramsey
•Thanks for the reality check. I figured there'd be a reduction for claiming early, but it's good to hear a real-world example. Did your sister find it was still worth claiming early, or does she regret not waiting?
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Kristin Frank
I went through a similar situation. One important detail to consider: your ex being on SSDI instead of retirement benefits doesn't affect your ability to claim divorced spouse benefits. The SSA treats SSDI the same as retirement benefits for this purpose. However, there's a critical timing issue: if you file at 62, you'll be deemed to be filing for ALL benefits you're eligible for (both your own retirement and ex-spouse benefits). This means you can't claim just one benefit and let the other grow. In my case, I waited until my FRA to maximize what I could get. The reduction for claiming at 62 is significant - about 30% less than what you'd get at full retirement age.
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Micah Trail
•Exactly right about deemed filing! This catches so many people by surprise. Before 2016 there were more options for filing strategies but now if you file early you're essentially filing for everything at once.
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Nia Watson
I'm so FRUSTRATED with the whole SS system!!! I called them 8 TIMES trying to get this exact question answered for my situation (also divorced after 18yr marriage) and got disconnected or had to wait HOURS only to get conflicting info each time!!! Why can't they make this clearer??? The website is useless for complicated situations!!!
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Alberto Souchard
•I had the same frustrating experience trying to reach someone at Social Security! After getting disconnected three times and wasting an entire day, I finally tried Claimyr (claimyr.com) and got through to a rep in about 15 minutes. They have a service that navigates the phone system and holds your place in line, then calls you when an agent is available. You can see how it works in this video: https://youtu.be/Z-BRbJw3puU The SSA agent I spoke with confirmed that for divorced spouse benefits on a disabled ex's record, the rules are the same as for regular retirement benefits. Filing early reduces your benefit percentage significantly.
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Katherine Shultz
My neighbor went through something like this last year. I think she got like 70% of what she would've gotten if she waited till her full retirement age. I don't know all the technical details but she said the process was pretty straightforward once she got her documents together.
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Niko Ramsey
•That's helpful to know it wasn't a complicated process. Did your neighbor apply online or go into an office? I'm trying to figure out the best approach.
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Micah Trail
There's some misinformation in this thread that needs clarification: 1. For divorced spouse benefits, you can claim as early as 62, but the reduction is based on YOUR age at filing, not your ex's situation. 2. The maximum divorced spouse benefit is 50% of your ex's Primary Insurance Amount (PIA), but claiming at 62 reduces it to about 35% of their PIA. 3. The comparison is between your own reduced retirement benefit at 62 (about 70% of your PIA) versus the reduced divorced spouse benefit (about 35% of your ex's PIA). 4. The fact that your ex receives SSDI rather than retirement benefits makes no difference for your eligibility. 5. You CANNOT receive both benefits added together - it's either one OR the other, whichever is higher. I recommend using the benefit estimator on ssa.gov and possibly scheduling an appointment specifically to discuss divorced spouse benefits. The calculations can be complex.
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Niko Ramsey
•Thank you for these clear points! I'll definitely use the benefit estimator and try to schedule an appointment. One last question - if I claim at 62 based on my ex's record and later my own benefit would be higher (say at 67), can I switch to my own benefit at that point?
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Seraphina Delan
To answer your latest question - no, you cannot switch later. Under current rules (changed in 2016), once you file for benefits, you're deemed to be filing for ALL benefits you're eligible for. The SSA will pay you the higher amount, but you cannot switch strategies later. This is why planning is so important. If your own benefit at FRA would be significantly higher than the divorced spouse benefit, it might be worth waiting. Your own benefit grows until age 70, while divorced spouse benefits max out at your FRA. I'd recommend creating a my Social Security account online if you haven't already. It will show your earnings history and benefit estimates based on different claiming ages.
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Jabari-Jo
•yep this is what happnd to my sister, once u choose theres no going back! she wishes she waited now but no point crying over it.
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Niko Ramsey
Thanks everyone for the incredibly helpful advice! I've learned so much: 1. I can claim divorced spouse benefits at 62 based on my ex's SSDI record 2. I'll get either my own benefit OR up to 50% of my ex's benefit (reduced for early claiming), not both 3. Filing at 62 means about a 30% reduction from what I'd get at my FRA 4. Once I file, I can't switch strategies later I'm going to create a my Social Security account and use the benefit estimator to run some numbers. Then I'll try to schedule an appointment specifically to discuss my divorced spouse options. This has been so much more helpful than the confusing information on the SSA website!
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