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Can I claim on ex-husband's Social Security after 36-year marriage when his benefit is lower than mine?

I've been divorced for 5 years after a 36-year marriage and trying to figure out if I can retire at 62 (I'm 60 now). My ex started collecting Social Security at 62 and was getting around $1,200 monthly. When I check my Social Security account online, it says I'll get approximately $1,400 at age 62. Since my benefit appears higher than my ex's, would I still be eligible to receive any portion of his benefits based on our long marriage? I know there's something about ex-spouse benefits, but I'm confused about whether it makes sense in my situation since my benefit seems higher. I'm trying to piece together enough income to make retirement at 62 feasible. Any insights from those who've navigated this?

Yes, you're eligible for ex-spouse benefits because you were married over 10 years, but you won't receive both benefits - only the higher amount. Since your own benefit ($1,400) is higher than 50% of your ex's benefit (which would be about $600 based on his $1,200), you'll just get your own $1,400. The system automatically gives you the higher of the two calculations. If you wait until your Full Retirement Age (probably 67 for you), your own benefit would be higher still - around $2,000 versus the $1,400 at 62.

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Thank you for explaining! So there's really no advantage for me to apply for ex-spouse benefits since my own is higher? I was hoping I could somehow get both or at least a bump from his record.

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My sister went thru this same thing! She got divorced after 22 yrs and thought she could double dip but nope they just give u the bigger amount. social security is kinda stingy that way lol

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Yeah same with my aunt. She was SOOO mad when she found out! Been paying into SS her whole life and couldn't even get her ex's benefits too even though he was a jerk who cheated on her. System is broken.

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Just to clarify a couple of technical points: at 62, you'd receive your own reduced retirement benefit OR up to 50% of your ex's full retirement age benefit (not what he's actually receiving), whichever is higher. Since your ex took benefits early, his $1,200 is already reduced from his full amount. His full retirement age benefit might be closer to $1,600-1,700, making half about $800-850. Your own $1,400 at 62 is still higher than half of his FRA amount, so you'd receive your own benefit. Also important: taking benefits at 62 means a permanent 30% reduction from your full retirement age amount. If your FRA benefit is $2,000, that's a $600/month difference for life. If you can work until at least 64 or 65, you'll have significantly more monthly income for the rest of your life.

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Thanks for the detailed explanation! I didn't realize they calculate based on his full retirement age benefit, not what he's actually getting. Still doesn't help me though. The 30% reduction is scary, but I'm not sure my health will hold up for a physically demanding job until 67. It's such a difficult decision.

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I was in ALMOST the exact situation!!!! Married 33 years, divorced 6 years, ex took SS at 62. I talked to SS 3 TIMES and got 3 DIFFERENT ANSWERS about what I could get!!! First person said I could get half of his, second said only the difference if his was more, third said I couldn't get anything from him until HE DIED!! So frustrating!!!!!

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Unfortunately this is common - you can get very different answers depending on who you talk to at SSA. For the record: you can claim ex-spouse benefits while they're alive (if married 10+ years), you get the higher of your benefit or up to 50% of theirs (not both), and survivor benefits (up to 100% of what they received) only come into play if they pass away.

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If you're really struggling to get through to Social Security to discuss your specific situation, check out Claimyr (claimyr.com). I used them last month after trying for weeks to reach SSA about my ex-spouse benefits. They got me connected to an agent in about 20 minutes instead of waiting on hold for hours. They have a demo video showing how it works: https://youtu.be/Z-BRbJw3puU. Seriously worth it because the agent I spoke with explained my ex-spouse benefit options in detail, including some exceptions I had no idea about.

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Thank you for the suggestion! I've been putting off calling because everyone tells me the wait times are horrible. I'll check out that link because I really need to speak with someone who can look at my specific records.

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have you ran numbers on what happens if you wait til 65? not 67 but not 62 either? might be a good compromise. i took mine at 62 and kinda regret it now that im 70 and still healthy. those checks would be a lot bigger if id waited! just my 2 cents

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This is great advice. Each year you delay between 62 and FRA adds about 7-8% to your monthly benefit. Even waiting from 62 to 63 makes a noticeable difference in monthly income for life.

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I thought if you were married more than 10 years you automatically get half of their SS?? My friend gets her ex's SS payment and her own too, she told me this last week!

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Your friend is mistaken or didn't explain correctly. Social Security never pays both benefits - they pay the higher of either your own benefit or up to 50% of your ex's (if that's higher). It's possible your friend is receiving a benefit based on her ex's record because it's higher than her own, but she's not receiving both. This is a very common misunderstanding.

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Just wondering... have u checked what ur survivors benefit would be if ur ex passes away? That's different from the ex-spouse benefit while he's alive. If he dies, u can get his FULL benefit amount (what he would get at his FRA) if that's more than your own. My mom got my dad's full benefit after he passed even though they were divorced.

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I hadn't thought about that aspect. Not something I'm hoping for, of course, but good to understand all the scenarios. Thanks for bringing that up - another question to ask when I can finally speak with someone at SSA.

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