Can I claim ex-spouse Social Security benefits at 70 when ex is collecting early at 63?

Yes, you may be eligible for divorced spouse benefits! Since you were married for more than 10 years (22 years qualifies) and you're both currently collecting benefits, you could potentially receive up to 50% of his full retirement age benefit amount if that's higher than your own benefit. The fact that you're already collecting won't disqualify you, but it means you'll get the higher of either your own benefit or the divorced spouse benefit - not both added together. Call SSA right away to discuss this, as they'll need to calculate if his benefit at 50% would be higher than your current payment.

My best freind went thru this last yr. You definetly need to call ss right away!!! If ur ex gets more than you, you should get half his. But dont wait, they only backpay like 6 months i think.

I went through almost the EXACT same situation last year. My ex was getting WAY more than me even though I worked just as hard. When I applied for the ex-spouse benefit, I got an extra $430/month!!! The SSA people were actually really helpful when I finally reached them. THE PROBLEM is getting through to them on the phone!!! I wasted THREE DAYS trying to get through, kept getting disconnected or waiting for hours. I finally used this service called Claimyr that got me through to an agent in like 20 minutes. It was a lifesaver! Their website is claimyr.com and they have a video showing how it works: https://youtu.be/Z-BRbJw3puU Trust me, for something this important where you might be owed more money, it's worth not dealing with the phone nightmare.

This is why the Social Security system is so frustrating!!!! They NEVER tell people about these benefits automatically. You have to somehow magically know about them yourself. I bet you've been eligible for YEARS and missing out on money that should have been yours! The whole system is designed to keep people from getting their full benefits.

There's some misinformation in this thread that I'd like to clarify: 1. At age 70, you've already reached your maximum benefit on your own record (after delayed retirement credits if you had waited past FRA). 2. For divorced spouse benefits, your ex taking benefits early doesn't reduce what you can receive. The spousal benefit calculation is based on his full Primary Insurance Amount (PIA), not his reduced benefit. 3. Since you're past your FRA, you're eligible for the full 50% of his PIA (minus your own PIA). 4. The timing actually matters - you can only apply for divorced spouse benefits if he has filed for his own benefits, which he has. 5. The calculation is essentially: if 50% of his PIA is higher than 100% of your own PIA, you'll receive your benefit plus the difference (up to the 50% of his PIA). Given that his benefit is $700 higher than yours (and that's with him taking a reduced benefit!), it's very likely you're entitled to an increase. Contact SSA immediately.

My aunt just went through this whole process. She was married for only 12 years but that was enough. She got an increase, but the strange thing is they somehow applied it as if she was a widow not a divorcee? Her ex is still alive so idk how that happened but she gets way more now. Maybe ask about ALL possible benefits when you call?

Thank you all for the helpful information! I'm definitely going to contact SSA this week. I had no idea I might be entitled to additional benefits based on my ex's record, especially after all these years. It's frustrating to think I might have been missing out, but better late than never I suppose. Just to clarify what I understand now: I could get up to 50% of what his benefit would be at his full retirement age (not his reduced early retirement amount), but only if that's higher than what I'm already getting. And they'll only backpay for 6 months max, so I should act quickly. I'll try using that Claimyr service since getting through to SSA has been impossible in the past. I'll update here once I know something!

i think my mom had someting like this and they made her pay a penalty or something??? just make sure you ask if theres any downside to applying late

Just want to add that when you DO get through to SSA, INSIST they explain exactly how they calculate everything. I've had agents give me completely different answers about the same question. And get the agent's name and ID number too, because if they give you wrong info, you'll need to reference who told you what.