Can I claim ex-spouse Social Security benefits at FRA if divorced after 27 years of marriage?
I've been trying to figure out the ex-spouse benefit situation and getting conflicting information. My situation: I was married for 27 years before getting divorced about 3 years ago. I haven't remarried. My ex-husband is 66 now but hasn't started collecting his Social Security benefits yet. I'm planning to wait until my full retirement age (67) to start collecting my own benefits, but I'm wondering if I'm entitled to any portion of his Social Security when either he starts collecting OR when I reach my FRA? His earnings were substantially higher than mine throughout our marriage. Does he need to file for his benefits before I can claim on his record? And does he get notified if I apply for ex-spouse benefits? Any insights would be really appreciated!
20 comments
Join the conversation
Luca Russo
You absolutelly qualify for divorced spouse benfits! The rule is that you needed to be married at least 10 years, which you clearly were (27 yrs). When you file at your FRA, you can get 50% of his FRA benefit amount IF that's more than your own benefit. But here's the confusing part - you don't get both, you just get the higher amount. So if your own benefit is already higher than 50% of his, you'll just get your own.
0 coins
NebulaNinja
•Thank you for explaining! Do you know if my ex needs to be collecting his benefits before I can file for divorced spouse benefits? Or can I file based on his record even if he hasn't started collecting yet?
0 coins
Nia Wilson
I can clarify a few things here. Since you were married for more than 10 years (27 years qualifies), you are eligible for ex-spouse benefits as long as you've been divorced for at least 2 years, which you have. The good news is that your ex does NOT need to be collecting his benefits for you to claim on his record, but he does need to be eligible for benefits (which he is at 66). Also, the SSA will NOT notify your ex-husband when you file for benefits on his record - that's completely confidential. When you file at your FRA of 67, you'll receive either your own benefit or up to 50% of his full retirement benefit, whichever is higher. You should set up an appointment with SSA about 3 months before you plan to file to review your options.
0 coins
NebulaNinja
•That's such a relief to hear! I was worried about the notification issue. I'll definitely set up that appointment when the time comes. Do you know if there's any advantage to waiting beyond my FRA if I end up qualifying for the ex-spouse benefit rather than my own?
0 coins
Mateo Sanchez
my neighbor went thru this exact thing!!! she was married 22 yrs and got half of her exs benefit which was WAY more than her own would have been. but the SSA office kept giving her the runaround and she couldnt get anyone on the phone for weeks. she finally used some service called claimyr.com to get through to an actual person at SS and got it all sorted out in one call. theres a video showing how it works here https://youtu.be/Z-BRbJw3puU if ur interested. good luck!
0 coins
NebulaNinja
•Thanks for the tip! I've been dreading the phone tag with SSA when the time comes. I'll check out that service when I'm ready to file.
0 coins
Aisha Mahmood
Just to add a bit more information - there's no advantage to waiting beyond your FRA for ex-spouse benefits. Unlike your own retirement benefits, which increase 8% per year with delayed retirement credits until age 70, the ex-spouse benefit is capped at 50% at your FRA. It doesn't grow larger if you wait longer. So if you'll be claiming on your ex's record, filing exactly at your FRA of 67 is the optimal strategy. Also, make sure you bring your marriage certificate and divorce decree to your appointment with SSA.
0 coins
Ethan Clark
•Is this also true for spousal benefits for CURRENT spouses? My wife and I are trying to figure out the same thing but we're still married. Does her spousal benefit max out at her FRA too?
0 coins
Aisha Mahmood
•Yes, that's correct. Spousal benefits for both current and ex-spouses max out at FRA. There's no additional increase for delaying past FRA for the spousal portion of benefits. This is different from your own retirement benefit, which continues to grow until age 70.
0 coins
AstroAce
I went through a similar situation, but I made a mistake you should avoid. I was married 15 years, then divorced. I qualified for ex-spouse benefits but didn't realize that I needed specific documentation. When I went to file, I didn't have a complete copy of my divorce decree (only had the first page) and they wouldn't process my application! Had to request it from the county court which took FOREVER. So make sure you have ALL your paperwork in order before applying - complete marriage certificate with the seal and complete divorce decree. Also, the 50% is of his PRIMARY insurance amount, not whatever amount he's actually receiving, which confused me too.
0 coins
NebulaNinja
•This is really helpful - thank you for the heads up about documentation. I think I have the full divorce decree somewhere but I'll double check. What other documents did they ask you for?
0 coins
AstroAce
•They also wanted my birth certificate (original or certified copy), my Social Security card, and a photo ID. If you've changed your name at all, they may want documentation of that change too. Better to bring too much than not enough!
0 coins
Yuki Kobayashi
I'm in EXACTLY the same boat as you except I was married 22 years. From what I understand the rules changed in 2015!!! You used to be able to claim spousal and then switch to your own later but NOW you can't do that. They automatically give you whichever is higher. It's called "deemed filing" and it's SO FRUSTRATING. The government always changes the rules just before we can benefit from them!!! I've been fighting with the SSA for months trying to get clear information. No one at the office seems to know what they're talking about.
0 coins
Nia Wilson
•You're right about the deemed filing rules changing in 2015 for most people. However, there's an important exception - deemed filing only applies before FRA. Since the original poster is planning to wait until her FRA (67) to file, she would actually still have the option to file for just spousal benefits and let her own retirement benefit grow until 70, IF she was born before January 2, 1954. But if she was born after that date, then yes, deemed filing applies even at FRA and she'll automatically receive the higher of the two benefits.
0 coins
Ethan Clark
congrats on the divorce lol
0 coins
NebulaNinja
•Not helpful, but thanks for the laugh! 😂
0 coins
Mateo Sanchez
Does anybody know if this affects the amount HE gets? My friend's ex-wife started collecting on his record and he's worried they're gonna reduce his checks?
0 coins
Luca Russo
•No it doesnt affect his benefit at all! Thats a common misconception. He'll still get his full amount regardless of whether exes or current spouse claim on his record. The divorced spouse benefit doesnt reduce the worker's benefit in any way.
0 coins
Nia Wilson
Just to summarize the key points for your situation: 1. You qualify for ex-spouse benefits because you were married over 10 years and divorced for at least 2 years 2. Your ex does NOT need to be collecting for you to claim on his record 3. Your ex will NOT be notified when you file 4. At your FRA, you'll get either your own benefit or up to 50% of his FRA amount, whichever is HIGHER (not both) 5. Waiting beyond FRA won't increase ex-spouse benefits 6. Bring complete documentation including marriage certificate, divorce decree, birth certificate, and photo ID when you apply Hope this helps clarify everything!
0 coins
NebulaNinja
•Thank you so much for this clear summary! This is exactly what I needed to know. I'll save this for reference when I approach my FRA.
0 coins