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Can I claim ex-spouse Social Security benefits at my FRA before he reaches his?

I need some clarity on ex-spousal Social Security benefits after a long-term marriage. My situation: we divorced in 2023 after 31 years of marriage, and I'm 2 years older than my ex-husband. I was primarily a stay-at-home mom with only part-time income throughout our marriage, so my own SS benefits would be minimal. I'm approaching my full retirement age (66 years and 10 months) soon, but my ex won't reach his FRA for another 2 years. My question is: Do I have to wait until HE reaches his full retirement age before I can claim the 50% ex-spousal benefit, or can I file when I reach MY full retirement age? I've gotten conflicting information from friends, and the SSA website isn't clear about this specific scenario with the age difference. Anyone dealt with something similar? Thanks!

Zainab Ibrahim

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You can claim your ex-spouse benefits when YOU reach your full retirement age, regardless of whether your ex has filed for his benefits or even reached his FRA. The requirements are: marriage lasted at least 10 years (you have 31), you're unmarried now, you're at least 62, and your ex is entitled to SS retirement (even if he hasn't filed yet). Since you'll be at your FRA, you'll get the full 50% of his PIA. The only catch is if you're eligible for your own retirement benefits, you'll get whichever is higher, not both. Hope this helps!

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Miguel Castro

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Thank you so much! That's a huge relief. I was worried I'd have to wait another 2 years. Just to confirm, this means I don't have to wait for him to actually file for his benefits, right? He's mentioned he plans to delay until 70 to maximize his amount.

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Connor O'Neill

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My neighbor went through the EXACT same thing!! He divorce after 25 years and was 3 yrs older than her ex husband. She got her 50% as soon as she hit FRA. didn't have to wait for him to do anything. But she said the SS office kept asking for her divorce papers everytime she called so make sure you have all that stuff ready!!

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Miguel Castro

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Thanks for the tip about the divorce papers! I'll definitely get those ready. Did your neighbor mention how long the whole process took from application to receiving benefits?

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LunarEclipse

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I think you might be confused about how this works. If you claim at YOUR full retirement age, you'll only get 50% of what your ex-husband would get at HIS full retirement age, not 50% of what he actually receives. And if he hasn't filed yet, there might be complications. The rules are REALLY confusing. When I went through this last year, I got different answers from three different SSA reps!!! So frustrating.

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Zainab Ibrahim

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Just to clarify - you're right that she'll get 50% of his PIA (Primary Insurance Amount) which is what he'd get at his FRA. But she doesn't need to wait for him to file. As long as he's eligible for benefits (even if he hasn't claimed them), she can file on his record once she reaches her own FRA. The ex-spouse never even gets notified when this happens.

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Yara Khalil

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I went through this exact situation. You absolutely CAN claim on your ex's record when you reach your FRA, regardless of whether he's filed or reached his FRA. The key points from my experience: 1. Your marriage was over 10 years (check) 2. You're currently unmarried (I assume this is true) 3. You're at least 62 (you will be at FRA, so check) 4. Your ex is eligible for benefits (even if not claimed yet) The most important form you'll need is the SSA-16 (Application for Retirement Insurance Benefits). Make sure to indicate you're filing for ex-spouse benefits. Also bring your marriage certificate and divorce decree to your appointment. They'll also want your birth certificate and possibly tax records to verify your work history. Don't let them tell you that you need to wait for him to file - that's incorrect for ex-spouse benefits (though it would be true if you were still married).

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Miguel Castro

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Thank you for such detailed information! This is extremely helpful. Did you apply online or make an in-person appointment? I've been trying to get through on the phone for days with no luck.

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Keisha Brown

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I was in a similar situation last year and tried calling SSA for weeks but kept getting disconnected or waiting for hours. I finally used Claimyr (claimyr.com) to get through to an agent in about 10 minutes. They have a video demo of how it works: https://youtu.be/Z-BRbJw3puU. It was the only way I could finally get someone to answer my questions about my ex-spouse benefits. The agent was able to tell me exactly what documents I needed and scheduled my application appointment. Saved me so much frustration!

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Miguel Castro

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I've never heard of that service, but I'm definitely going to check it out! At this point I'm desperate to talk to someone who can give me official answers. Thanks for the recommendation!

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Paolo Esposito

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lol don't listen to half these people... you get whatever the government decides to give you. my sister thought she was getting 50% of her ex's and ended up with way less. something about "maximum family benefit" or whatever. the whole system is designed to confuse us.

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Yara Khalil

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The Maximum Family Benefit (MFB) typically applies when multiple people are drawing on one worker's record simultaneously - like if there are also children receiving benefits. For a simple ex-spouse case like this, the MFB usually doesn't come into play. Your sister's situation might have involved the Government Pension Offset (GPO) if she had a pension from non-covered employment, or perhaps she claimed before her FRA and took a reduction.

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Amina Toure

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When I filed for my ex-spouse benefits, there was a whole section of the application about whether I was eligible for a pension based on work not covered by Social Security (like certain government jobs). Do you have any pension from a job where you didn't pay Social Security taxes? If so, the WEP and GPO provisions might reduce your benefits. Just something to consider that nobody else mentioned yet.

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Miguel Castro

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No, all my part-time work was in retail and office jobs where I paid into Social Security. Nothing that would trigger WEP or GPO issues. Thanks for bringing that up though - it's good to know about all these potential complications!

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LunarEclipse

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I'm so confused about this whole 50% thing. Is it 50% of what he WOULD get at his FRA or 50% of what he WILL get when he actually files?? If he waits till 70 does that mean you get more too?? These rules make no sense!!!!!

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Zainab Ibrahim

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It's 50% of what he would get at HIS full retirement age (his PIA - Primary Insurance Amount), regardless of when he actually claims. If he waits until 70 and gets delayed retirement credits, those extra increases don't factor into your ex-spouse benefit. Your benefit is based on his FRA amount, not his age-70 amount.

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Yara Khalil

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One more important thing: make sure you compare what you'd get from your own work record vs. the ex-spouse benefit. SSA will pay you whichever is higher, not both. With 31 years of marriage but only part-time work, the ex-spouse benefit is likely higher, but it's worth checking. You can create an account at ssa.gov and see your own estimated benefit amount.

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Miguel Castro

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I did create an account and check my own benefit - it's only about $750/month based on my sporadic part-time work. The 50% of his benefit would be significantly higher. Thanks for confirming I should go the ex-spouse route!

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Paolo Esposito

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just wondering, does your ex know youre applying for this? do they notify him or anything? my ex would freak out if he knew i was getting money based on his record lol

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Zainab Ibrahim

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No, the SSA does not notify your ex-spouse when you file for benefits on their record. Your ex won't know unless you tell them. Also, your benefit has no impact on what your ex receives - it doesn't reduce their benefit in any way.

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Connor O'Neill

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make sure you bring EVERYTHING to your appointment!!! birth certificate, SS card, marriage license, divorce papers, tax returns, ID, everything!!! my friend forgot her divorce decree and had to reschedule and waited another 6 weeks for an appointment it was a nightmare

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Miguel Castro

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Yikes, that sounds awful! Thanks for the warning - I'll definitely bring every possible document they might need. Better to have too much than not enough!

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