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Can I collect Social Security benefits from ex-husband who remarried when I was a stay-at-home mom for 15 years?

I've been getting conflicting information about my Social Security options and really need some clarity. I was married for 15 years and during that time I was mostly a stay-at-home mom while my ex-husband worked and built up his Social Security credits. We divorced about 7 years ago, and he has since remarried. I never did. Someone at my church told me that since my ex remarried, I can't claim any benefits on his record despite our long marriage. That doesn't sound right to me, but I'm confused about how the remarriage rules work with Social Security. Does his remarriage really disqualify me from receiving any benefits based on his work history? I have very little in my own Social Security account since I spent so many years raising our children. Any help would be greatly appreciated!

Amara Okafor

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The person who told you that is WRONG! His remarriage has absolutely nothing to do with your ability to claim ex-spouse benefits. As long as: 1) your marriage lasted at least 10 years (yours was 15, so you're good), 2) you are currently unmarried, and 3) you're at least 62, you CAN claim on his record. You'll get 50% of his full retirement age benefit if you wait until your own full retirement age. Less if you claim earlier.

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Liam Sullivan

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Oh thank goodness! That's such a relief to hear. I'm 60 now, so I have a little time to wait. Do I need to contact him to get this benefit or can I just apply through Social Security directly?

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CosmicCommander

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ur church friend is confused. my sister got divorced after 12 yrs and her ex married someone else like 2 months later lol... she still gets benefits from his record and hes been remarried for like 10 yrs now

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Yes but did your sister remarry TOO?? Because that DOES matter!! If the person claiming ex-spouse benefits remarries, they usually CAN'T claim on the ex anymore! People always mix this up!!! The ex's remarriage doesn't matter, but the CLAIMANT'S remarriage does matter!

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You've received accurate information from others here, but let me clarify a few more details that might help you: 1. Ex-spouse benefits are available if your marriage lasted at least 10 years, you're unmarried, and you're at least 62. 2. Your ex-husband must be at least 62 for you to claim, even if he hasn't filed for his own benefits yet. 3. If your own work record would provide a higher benefit than the 50% of his you'd get as an ex-spouse, the SSA automatically gives you the higher amount. 4. When you apply, you'll need your marriage certificate and divorce decree, but you won't need any information from him - the SSA already has his earnings record. I recommend creating a my Social Security account online to see your own estimated benefits, then comparing that to what you might get as an ex-spouse (if you know his approximate earnings history).

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Liam Sullivan

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Thank you so much for this detailed information! I wasn't sure if I needed to contact him or get information from him, so it's a relief to know I don't. One more question - if he hasn't retired yet (he's 61), does that mean I have to wait until he turns 62 even if I'm already past 62 at that point?

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Dylan Cooper

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This is why I HATE dealing with the Social Security Administration!!! So much misinformation out there and their own people sometimes give wrong info too! I spent 3 WEEKS trying to get someone on the phone about my WEP reduction calculation and kept getting disconnected or waiting for hours! OP - definitely ignore what your church friend said. That's completely wrong. But prepare yourself for a frustrating experience trying to get accurate information directly from SSA. Their phone lines are a disaster.

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Sofia Ramirez

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I had the same horrible experience trying to call about my husband's survivor benefits after he passed. Waited 3+ hours only to get disconnected TWICE!

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Dmitry Volkov

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If you're having trouble reaching Social Security by phone, I found this service called Claimyr that actually works. It holds your place in line and calls you back when an agent is available. Saved me hours of waiting. Their site is claimyr.com and they have a video showing how it works: https://youtu.be/Z-BRbJw3puU. I used it when I needed to sort out my ex-spouse benefits calculation and got through in about 30 minutes instead of spending all day on hold.

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CosmicCommander

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also make sure u apply at the right time! my neighbor applied 2 early and lost like $$$$ forever

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This is an important point. If you claim at 62, your benefit will be permanently reduced by about 30% compared to waiting until your Full Retirement Age (FRA). Each year you wait between 62 and your FRA increases your benefit amount. However, unlike regular retirement benefits, ex-spouse benefits don't continue to grow after your FRA. So there's no advantage to waiting beyond your FRA (which is likely 66-67 depending on your birth year).

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Liam Sullivan

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Thank you everyone for the helpful information! I'm going to create my Social Security account online tonight and look at my estimated benefits. Sounds like I need to wait until I'm 62 (and until he's 62 as well), but at least I know I have options. This is such a relief after thinking I might be out of luck because of his remarriage.

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Amara Okafor

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Glad we could help! One more thing - make sure to look into the "restricted application" rules if you were born before January 2, 1954. There might be some additional strategies available to you depending on your exact age. Good luck!

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I went through this EXACT situation!!! My ex remarried a younger woman right after our divorce but I was able to claim on his record when I turned 62. The worker at my local SS office was AMAZING and explained everything. BUT she said that if I ever remarry I would LOSE the ex-spousal benefit!!! So keep that in mind if you're dating anyone... unfortunaely remarrying can actually COST you money in this situation!

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Liam Sullivan

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Oh that's really good to know! I do have a gentleman friend but we hadn't considered marriage. Now I'll definitely need to understand the financial implications before making any decisions like that. Thanks for sharing your experience!

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