Can I claim ex-spouse Social Security benefits at 66 while still working before my FRA?
Hi everyone, I've been working full-time at my company for the past 8 years and just turned 66 last month. I know I haven't hit my Full Retirement Age yet (I think mine is 66 and 10 months?). I was married for 17 years before getting divorced about 11 years ago, and I've remained single ever since. I recently heard from a friend that I might be eligible to claim Social Security benefits based on my ex-husband's record even while I'm still working. He's 63 now and I'm not sure if he's already claiming benefits or not. We don't really communicate. Does anyone know if this is something I can do? Would it affect my own benefits when I eventually retire? And does HE need to be collecting already for me to be eligible? Thanks for any advice!
16 comments
Debra Bai
I went thru something similar, my ex is younger then me to. You can claim on your ex as long as marriage lasted over 10 yrs and your divorced for 2+ years. Doesn't matter what hes doing and he'll never know youre claiming on his record lol. But check if your own beneift would be higher, no point taking the ex spouse if yours is bigger!!!
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KaiEsmeralda
•Thank you! I honestly have no idea which would be higher. I've worked consistently but took some time off when our kids were young. Is there a way to check both amounts before I decide?
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Gabriel Freeman
You're asking some excellent questions about ex-spouse benefits. The good news is that yes, you can file for divorced spouse benefits based on your ex-husband's record if you meet certain conditions, which you appear to: 1. Your marriage lasted at least 10 years (yours was 17, so you qualify) 2. You're currently unmarried 3. You're at least 62 years old Since you're 66 and your FRA is likely 66 and 10 months (assuming you were born in 1958-1959), filing now would mean taking slightly reduced benefits. Your ex doesn't need to be collecting benefits for you to claim on his record, as long as he's eligible for benefits and you've been divorced for at least two years. Importantly, working while collecting these benefits before your FRA means you'll be subject to the earnings test. In 2025, if you earn more than $22,875 annually, your benefits will be reduced by $1 for every $3 you earn above that limit. I'd recommend speaking directly with SSA to determine whether your own benefit or the spousal benefit would be higher. The spousal benefit is capped at 50% of your ex's full benefit amount.
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KaiEsmeralda
•Thank you so much for this detailed explanation! I hadn't considered the earnings test. Since I make around $71,000 annually, it sounds like my benefits would be significantly reduced if I claimed now. Maybe I should just wait until my FRA? Also, will claiming on his record affect what I eventually get from my own record when I stop working?
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Laura Lopez
I'm pretty sure you CAN'T claim spousal and still work. The SS office told me it was one or the other when I tried similar thing!! You should just wait until you stop working to claim anything. The rules are VERY complicated and they don't explain them well!
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Gabriel Freeman
•Actually, you can claim spousal benefits while working. There's often confusion about this. You can work and receive benefits, but if you're under Full Retirement Age, benefits may be reduced based on earnings (the earnings test I mentioned). After FRA, there's no reduction no matter how much you earn. Perhaps the SSA representative was referring to this reduction rather than an outright prohibition.
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Victoria Brown
You might want to run some numbers first. The ex-spouse benefit maxes out at 50% of his FRA benefit amount. Your own benefit at your FRA might be higher, especially if you've worked full-time for many years. Also, since you're still working, those additional earnings could potentially increase your own benefit amount when you do claim.
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KaiEsmeralda
•That's a great point. I've been wondering if continuing to work might actually increase my own benefit enough that it wouldn't make sense to take the ex-spouse benefit. Is there a way to get estimates of both options?
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Samuel Robinson
I had almost the same situation! My FRA was 66+8 months and I waited until then to file anything because the earnings test would have eaten up all my benefits. From what I understand, you can claim ex-spousal benefits now, but with your full-time job, you probably won't see much of it until you reach your FRA. Have you created an account on mySocialSecurity? You can see your own estimated benefit amount there.
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KaiEsmeralda
•I do have a mySocialSecurity account, but I don't think it shows what I'd get from my ex's record - just my own benefit estimates. Maybe I need to call them directly?
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Camila Castillo
dealing with SSA on the phone is NIGHTMARE!!! I tried calling for 3 WEEKS to ask about my widower benefits and couldnt get thru!!!!!! waste of time!!! i ended up using a service called Claimyr and got thru to SSA in 20 minutes when i was on hold for HOURS before!!! check out their video to see how it works https://youtu.be/Z-BRbJw3puU or go to claimyr.com - was worth it to finally get someone on the phone who could answer my questions about MY situation not just general info! I bet they could answer your question about exact benefit amount differences too.
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Brianna Muhammad
•I've used Claimyr too when I needed to sort out my retirement application. Saved me hours of frustration. The SSA representatives can access both your record and your ex's record (without revealing private details) to tell you exactly what you'd receive under each scenario. Much more personalized than the website estimates.
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Laura Lopez
I'm confused why youd even consider claiming now?? If your still working full time at a good job just wait until you ACTUALLY retire! Your getting penalized with the earnings limit AND taking reduced benefits before FRA. Makes no sense to file early in your situation, just my 2 cents!
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Victoria Brown
•It's actually a valid question. Sometimes there are situations where claiming early makes sense, like if someone has health concerns or cash flow issues. But you're right that with a good full-time income, the earnings test would significantly reduce any benefits received before FRA. Each situation is unique - that's why getting accurate information from SSA about both benefit amounts is so crucial to making an informed decision.
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Gabriel Freeman
To address your follow-up question - claiming ex-spouse benefits doesn't impact your own retirement benefits. When you eventually claim your own benefits, if they're higher than what you're receiving as an ex-spouse, you'll be automatically switched to the higher amount. This is different from spousal benefits strategies that existed before 2016. Given your full-time work and earnings level, you might want to consider these options: 1. Wait until your FRA (66+10 months) to avoid the earnings test entirely 2. Wait until you actually retire from your job 3. Speak with SSA to compare both benefit amounts to make an informed decision Remember that your own benefit increases by 8% per year if you delay claiming beyond your FRA, up until age 70, while ex-spouse benefits don't increase after your FRA.
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KaiEsmeralda
•Thank you! I think I'm going to wait until my FRA since I'm planning to work at least until then anyway. The earnings test would really eat into any benefits I'd receive now. I appreciate everyone's help in understanding this complicated system!
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