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Can I claim ex-spouse Social Security benefits at 62 without filing for my own retirement?

I'm turning 62 next month and trying to figure out how to maximize my SS benefits. My ex and I were married for 14 years before divorcing in 2012. He's also 62 now. I've heard about strategies where you can file for ex-spousal benefits while letting your own retirement benefit grow until later, but when I called the Social Security office, they told me that wasn't possible and that there are no ex-spousal benefits I could apply for without applying for my own. I'm totally confused because I've read about this online! I know about widow benefits having different rules, but we're both still alive - this is about divorced spouse benefits. Are the SSA reps giving me incorrect information? Can I really not apply for ex-spouse benefits without also applying for my own at 62? I know the benefits would be reduced for early filing, but that's ok for my situation.

Miguel Silva

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The SSA rep was actually correct. The old strategy where you could file for ONLY spousal/ex-spousal benefits while letting your own grow was eliminated by the Bipartisan Budget Act of 2015. Now when you file at 62, you're deemed to be filing for ALL benefits you're eligible for (own and spousal) - this is called 'deemed filing'. The ONLY exceptions are for surviving divorced spouses (widows/widowers) or if you're caring for the ex-spouse's child who is under 16 or disabled. Since you're both alive and presumably don't have a young child together, deemed filing applies in your case.

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Ava Garcia

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Thank you for explaining! So there's no way for me to just get ex-spouse benefits now? Do I have to wait until my full retirement age (67 for me) to get the maximum benefit? I'm so frustrated that I keep getting different information everywhere I look.

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Zainab Ismail

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I went threw this exact same thing last year!!!! The social security peopl on the fone told me i HAD to file for my own benifits first and couldn't just get my ex husbands. We were married 22 years and I have a much lower earning record then him. It's so confusing!!!

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Miguel Silva

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Yes, that's correct. Since 2016, anyone born after January 1, 1954 must file for all available benefits simultaneously. The only way to avoid this now is if you're a widow/widower claiming survivor benefits, which follow different rules.

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Connor O'Neill

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The rules changed back in 2015/2016. Before that, you could do what was called a "restricted application" for just spousal benefits, but that strategy is now only available to people born before January 2, 1954. For everyone else, when you file, you file for everything you're eligible for at once, and they give you whichever is higher - your own benefit or a portion of your ex's. It's frustrating because so many older articles online still talk about strategies that no longer work!

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Ava Garcia

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That explains why I was finding conflicting information online! So if I apply now at 62, will I get the higher of my benefit or 50% of his? Or is it 50% of what his benefit would be at 62? The SSA website is so confusing about this.

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QuantumQuester

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I filed for divorced spouse benefits last year when I turned 65. They told me the same thing - had to file for my own too. What you'll get is the higher of your own reduced benefit OR the difference between your reduced benefit and 50% of your ex's full retirement benefit. They don't tell you this clearly!!! In my case, my ex's benefit was much larger so I got a "top up" amount. But if I'd waited till my full retirement age I would have gotten more.

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Miguel Silva

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That's a good explanation of how it works. To clarify further for the OP: if you file at 62, your own benefit will be reduced by about 30% from your full retirement age amount. The spousal benefit would also be reduced to about 35% of your ex's full benefit (instead of the full 50%). SSA calculates both and pays you the higher amount.

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Yara Nassar

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I've spent hours on the phone with SSA trying to get answers about my own situation with ex-spouse benefits. Just a tip - consider using Claimyr (claimyr.com) to get through to an agent faster. They have a service that helps you skip the hold times. I wasted days trying to get through before finding them. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Saved me hours of frustration when dealing with my complex benefit questions.

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Ava Garcia

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Thanks for the tip! I've been on hold for literally hours trying to get clarification. I'll check that out because I definitely need to speak with someone who can look at my specific situation.

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Keisha Williams

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MY FREND TOLD ME TO DO THE SAME THING BUT WHEN I WENT TO SSA THEY SAID NO!!!! I think the govment changed the rules to save money becaus to many people were using this stragety!!!

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Connor O'Neill

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Yes, that's essentially what happened. The Bipartisan Budget Act of 2015 eliminated several claiming strategies that were considered "loopholes" in the system. The changes were estimated to save the program billions of dollars over time.

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Paolo Ricci

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So here's what you need to know - at 62, you can apply for divorced spouse benefits IF: 1. You were married at least 10 years (you qualify) 2. You're currently unmarried (assuming you are) 3. Your ex is entitled to benefits (even if they haven't filed yet, they need to be 62+) BUT - and this is the big change since 2016 - you MUST file for your own benefits simultaneously. They'll pay you whichever amount is higher. If your work record gives you $800/month and your ex-spouse benefit would be $900/month, you'd get $900. If your own benefit is higher, you'd just get that. The old strategy was eliminated for anyone born after 1/1/1954. I found all this out the hard way last year!

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Ava Garcia

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Thank you for breaking it down so clearly! So it sounds like there's no real advantage to claiming the ex-spouse benefit separately anyway, since I'd just get whichever is higher. I think I need to figure out whether filing at 62 makes sense at all or if I should wait.

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Miguel Silva

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To directly answer your original question: No, a 62-year-old who was married 10+ years cannot apply for ex-spouse benefits without applying for their own if they were born after January 1, 1954. The SSA office gave you correct information. Whether to claim at 62 depends on your financial situation, health, and life expectancy. Remember that claiming at 62 means: 1. Your personal benefit is reduced by approximately 30% 2. Any spousal/ex-spousal benefit is reduced to about 35% (instead of 50%) 3. These reductions are permanent The key question is: do you need the income now, or can you afford to wait for a larger benefit later?

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Ava Garcia

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This is really helpful, thank you. I'll need to run the numbers and decide if taking the reduced amount now makes sense or if I should try to wait longer. At least now I understand why the SSA rep told me what they did!

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