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!
32 comments


Zainab Ibrahim
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
•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
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
•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
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
•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
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
•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
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
•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
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
•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
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
•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
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
•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
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
•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
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
•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
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
•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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Dmitry Volkov
Just wanted to add one more tip from my experience - when you do get your appointment scheduled, ask the SSA representative to walk you through exactly how your benefit amount was calculated. They should be able to show you your ex's Primary Insurance Amount (PIA) and confirm that you're getting the full 50% since you're filing at your FRA. I found it really helpful to understand the numbers, especially since there can be small variations based on cost-of-living adjustments and when your ex's earnings were recorded. Also, don't be surprised if your first payment takes a few extra weeks to arrive - mine was delayed because they had to verify some old employment records. Good luck with everything!
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Klaus Schmidt
•That's really great advice about asking them to walk through the calculation! I hadn't thought about requesting to see the actual numbers breakdown. It would definitely give me peace of mind to understand exactly how they arrived at my benefit amount. Thanks for the heads up about potential delays too - I'll make sure not to panic if the first payment doesn't arrive right on schedule. This whole thread has been so incredibly helpful!
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Freya Andersen
Just wanted to share my experience as someone who went through this exact situation last year! I was 67 when I filed for ex-spouse benefits, and my ex-husband was only 64 at the time. The SSA representative confirmed that I could absolutely file at my FRA without waiting for him to reach his or file his own benefits. The whole process took about 6 weeks from application to first payment. One thing I'd suggest is calling early in the morning (like 8 AM) to get through to SSA - I found the wait times were much shorter then. Also, when you do speak with them, ask specifically about filing a "restricted application" for spousal benefits if you haven't already filed for your own retirement benefits. This ensures you're getting the maximum amount possible. The peace of mind of having that steady income has been such a relief after years of uncertainty post-divorce. You've got this!
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Dylan Cooper
•Thank you so much for sharing your experience, Freya! It's incredibly reassuring to hear from someone who went through the exact same situation with the age difference. Six weeks doesn't sound too bad for processing time. I really appreciate the tip about calling early in the morning - I've been trying to get through during lunch breaks with no luck. The "restricted application" terminology is new to me - I'll definitely ask about that specifically when I call. It sounds like you navigated this successfully, which gives me so much hope. Thank you for the encouragement!
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Ava Hernandez
I'm going through something very similar! My divorce was finalized last year after 28 years of marriage, and I'm also about 2 years older than my ex. Reading through all these responses has been incredibly helpful - I had no idea I could file at my FRA without waiting for him. I've been stressing about this for months thinking I'd have to wait until he turned 67. One question for those who have been through this process: did any of you run into issues with SSA initially telling you the wrong information? I'm worried about getting conflicting advice when I call. Also, has anyone tried the online application vs. in-person appointment? I'm wondering which route might be smoother. Thank you all for sharing your experiences - this community has been more helpful than any official resource I've found!
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Marina Hendrix
•Hi Ava! I'm so glad this thread has been helpful for you too. Regarding conflicting information from SSA - yes, unfortunately several people here mentioned getting different answers from different reps. That's why I think it's really important to ask to speak with someone specifically experienced in ex-spouse benefits, and maybe even ask them to cite the specific regulation (it's in the Code of Federal Regulations). As for online vs. in-person, I've seen mixed experiences in this thread. Some people had success with phone appointments after using services like Claimyr to get through, while others needed in-person visits to sort out document issues. Given that we both have the age difference factor, it might be worth doing an in-person appointment where they can review all your documents at once and you can ask them to walk through the calculation like Dmitry suggested. The key thing everyone seems to agree on is that we CAN file at our FRA regardless of our ex's status - that's been consistently confirmed by multiple people who actually went through this process successfully!
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Luca Romano
This is such a valuable discussion! I'm in a similar boat - divorced after 26 years, and I'm older than my ex-husband. What really stands out to me from everyone's experiences is how important it is to be prepared with ALL your documents and to be persistent with SSA. It sounds like the key points are crystal clear: 10+ year marriage (check for all of us), currently unmarried, you're 62+, and your ex is entitled to benefits even if he hasn't filed. The fact that multiple people here successfully filed at their FRA without waiting for their younger ex-spouses gives me so much confidence. I'm definitely going to try that early morning calling strategy and ask specifically about the "restricted application" approach. It's frustrating that we have to become experts on these rules ourselves, but this community support makes all the difference. Thank you everyone for sharing your real experiences!
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Amina Diallo
•Absolutely agree, Luca! This thread has been a goldmine of real-world experience that you just can't find in the official SSA materials. I'm in a very similar situation (divorced after 24 years, also older than my ex) and was getting so stressed about the timing. What's really reassuring is seeing multiple people confirm the same key points from their actual experiences, not just theoretical knowledge. The persistence factor you mentioned is so important - it sounds like we might need to push back if we get incorrect information from SSA reps initially. I'm definitely taking notes on all the document prep advice and the early morning calling strategy. It's amazing how this community has provided clearer guidance than hours of trying to navigate the SSA website! Thanks to everyone who shared their stories - it's making what felt like an impossible situation seem much more manageable.
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Finley Garrett
This thread has been absolutely incredible! I'm a newcomer here but found this discussion while researching my own situation. I'm 64 and divorced after 22 years of marriage, with my ex being 3 years younger. I've been so confused about the timing requirements, but reading everyone's real experiences has cleared up so much uncertainty. The consistent message that you can file at YOUR FRA regardless of your ex's age or filing status is exactly what I needed to hear. I'm particularly grateful for the practical tips about document preparation, early morning calls to SSA, and asking specifically about "restricted applications." It's reassuring to see a community where people share actual experiences rather than just speculation. I'm feeling much more confident about moving forward with my application when I reach my FRA next year. Thank you to everyone who took the time to share their stories - this kind of peer support is invaluable when navigating such a complex system!
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Ella Lewis
•Welcome to the community, Finley! I'm also relatively new here but have been following this discussion closely as someone in a very similar situation. It's amazing how much clearer everything becomes when you hear from people who have actually navigated this process successfully. The consistency in everyone's experiences really gives me confidence that the main rule is solid - we can file at our FRA regardless of our ex-spouse's timing. I'm especially appreciating all the practical tips about preparation and persistence with SSA. It sounds like having all documents ready and being prepared to educate the SSA reps if needed is key. Looking forward to hearing about your experience when you go through the process next year!
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