Can I claim ex-spouse's Social Security benefits at 60 with disability but no SSDI qualification?
Need some guidance on ex-spouse benefits and early retirement options! I'm 62 with significant health issues that forced me to stop working last year, but unfortunately I don't qualify for SSDI (not enough recent work credits). My ex-husband and I were married for 27 years before divorcing, and he's been collecting SSDI since 2007. He just turned 67 and automatically transitioned to regular Social Security retirement. I understand I'm the higher lifetime earner, but wondering if I could still claim reduced ex-spousal benefits at 62 while letting my own record grow until my Full Retirement Age (67). I also receive a pension from my former employer of $2,350/month. Would the pension offset any ex-spousal benefits? Also curious if my health issues (though not officially SSDI-qualifying) might allow for any exceptions to early filing penalties? Thanks for any insights!
14 comments
Niko Ramsey
First, you can claim ex-spousal benefits if you're at least 62, were married 10+ years, and are currently unmarried. But since you're the higher earner, ex-spousal benefits would be lower than your own retirement benefits. Also, important to note that due to changes from the Bipartisan Budget Act of 2015, you can no longer file a restricted application for spousal benefits while allowing your own to grow (unless you were born before January 2, 1954). Your pension will likely trigger the Government Pension Offset (GPO) if it's from non-covered employment (where you didn't pay Social Security taxes), which could reduce or eliminate any spousal benefit. Regarding disability exceptions - no, unfortunately being disabled but not qualifying for SSDI doesn't provide any special exemptions from early filing reductions. You'd still face the permanent reduction for claiming before your FRA.
0 coins
Anna Kerber
•Thanks for the detailed response. Just to clarify - my pension IS from work where I paid Social Security taxes, so does that mean GPO wouldn't apply? And I was born in 1963, so I guess the restricted application isn't an option for me. Sounds like waiting until my FRA might be the best option financially, though my health situation makes this a complicated decision.
0 coins
Seraphina Delan
ur situation sounds kinda like my sisters!! she tried 2 get benefits from her ex but ended up just taking her own at 63 cause she was the higher earner too. the SSA people told her it was pointless to even apply for the spousal benefit. dont waste ur time!!
0 coins
Anna Kerber
•That's helpful to know - I was hoping there might be some advantage to filing for ex-spousal benefits early, but sounds like that might not be the case if I'm the higher earner. Did your sister have any pension complications?
0 coins
Jabari-Jo
You've received some good information already, but I want to add a few technical points: 1. Since you were married for 27 years and are currently unmarried, you do qualify for ex-spouse benefits. However, you can only receive the higher of either your own benefit or the spousal benefit (not both). 2. If your pension is from work where you paid Social Security taxes, then GPO won't apply. GPO only applies to pensions from "non-covered" employment. 3. Since you were born after 1954, you cannot file a restricted application. You'll be deemed to be filing for all benefits you're eligible for. 4. At 62, any benefit you take will be permanently reduced by approximately 30% from your Full Retirement Age amount. 5. Since you mentioned health issues, consider the break-even analysis: If you expect a shorter lifespan, taking benefits earlier might actually result in more lifetime benefits despite the reduction. I recommend calculating both scenarios (taking ex-spousal now vs. your own at FRA) to see which provides higher lifetime benefits given your health expectations.
0 coins
Kristin Frank
•I tried to call SSA to run these calculations last month and couldn't get through after waiting 3 hours!! Finally used Claimyr (claimyr.com) and got connected to an agent in 20 minutes who helped me calculate my own similar scenario. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Worth it to get actual numbers from SSA to make this decision rather than guessing.
0 coins
Micah Trail
DONT WASTE YOUR TIME with ex-spouse benefits!! the system is RIGGED against us. i spent MONTHS trying to get answers from SSA about my ex's benefits and they just kept giving me the runaround. they'll make you fill out 50 forms and then tell you that you dont qualify for anything extra!!!
0 coins
Niko Ramsey
•While the process can certainly be frustrating, ex-spousal benefits are a legitimate option for many people. The key issue for the original poster is that they're likely the higher earner, so ex-spousal benefits probably won't provide an advantage. But this isn't because the system is "rigged" - it's just how the benefit calculations work. You're entitled to the higher of your own benefit or 50% of your ex's benefit (reduced if taken early).
0 coins
Nia Watson
Have you actually checked with SSA to confirm you don't qualify for SSDI? Sometimes people assume they don't have enough work credits, but there are different rules depending on when you became disabled. It's worth double-checking! Also, what about SSI if your income/assets are below the limits?
0 coins
Anna Kerber
•I did check with SSA a few months ago. I have plenty of lifetime work credits, but not enough recent credits since I took several years off to care for my mother before returning to work. And my pension income puts me above the SSI limits unfortunately. Good suggestions though!
0 coins
Alberto Souchard
my aunt was in kinda the same boat and she just went ahead and took her benefits at 62 cause of health problems. she said waiting wasn't worth it if she might not be around to enjoy the money. gotta think about quality of life too right?
0 coins
Anna Kerber
•That's exactly what I'm wrestling with. The financially optimal choice may be to wait, but with my health conditions, I'm not sure if that's the best life choice. It's a difficult balance to strike.
0 coins
Jabari-Jo
Based on what you've shared, here's my recommendation: 1. Request your Social Security statement through your my Social Security account to see exactly what your benefit amounts would be at different ages. 2. Calculate your ex-spousal benefit (approximately 50% of your ex's FRA benefit amount, reduced if you claim early). 3. Compare this to your own benefit at 62 vs. FRA. 4. Consider your health outlook and financial needs. In most cases where you're the higher earner, your own benefit will exceed the ex-spousal benefit, but you need the actual numbers to make an informed decision. Given your health concerns, don't automatically assume waiting until FRA is best - run the numbers for your specific situation.
0 coins
Anna Kerber
•Thank you so much. I'll request my statement and run those calculations. I think seeing the actual dollar amounts will help clarify which option makes the most sense for my situation. I really appreciate everyone's thoughtful guidance!
0 coins