Can I collect Social Security benefits from ex-spouses after taking my own SS at 62?
I'm feeling really confused and possibly misled about my Social Security options. I took my own retirement benefits at 62 (about 3 years ago) because I had a small pension but needed additional income to make ends meet. Now I'm learning there might have been better options with my ex-spouses. I have two previous marriages - first one lasted 15 years (he's 67 now), and second marriage was 7 years (he's 66 now). We've been divorced since 2009. When I applied for benefits, the SSA representative told me I couldn't collect on either ex-spouse's record since I was taking my own benefits. Was this information correct? I'm only getting about $1,250/month from my own record, and I know both my ex-husbands earned significantly more than me. Is there any way to switch to a higher spousal benefit now? Or am I permanently stuck with my reduced benefit because I claimed early? The whole system feels incredibly complicated, and I'm worried I made a costly mistake by not researching more before applying.
18 comments
GalaxyGlider
You received incorrect information! Since your first marriage lasted over 10 years, you ARE eligible for ex-spousal benefits on that record. The 7-year marriage doesn't qualify (needs to be 10+ years). The catch is that since you already filed for your own benefits, you can only get the higher of either your own benefit OR the spousal benefit - not both. But if your ex-spouse's benefit would give you more, you should absolutely be able to receive that amount instead. Contact SSA immediately and explain that you want to file for divorced spousal benefits on your first ex-husband's record. Make sure to mention that marriage lasted 15 years, which exceeds the 10-year requirement. Bring your marriage certificate and divorce decree as evidence.
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Emma Davis
•Thank you so much for this information! I had a feeling something wasn't right. Do you know if I'll be able to get retroactive payments for the 3 years I've been collecting my own lower benefit? And will my benefit still be reduced because I started at 62, or would I get the full amount based on my ex's record?
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Malik Robinson
i had same thing happen!!! took mine @ 62 and nobody told me nothin about ex spouse benefits. my ex made WAY more $$$ than me for 22 yrs of marriage. wen i finally found out 2 years later i got an extra $430/month but they only gave me 6 months backpay not fair!!
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Emma Davis
•Wow, that's frustrating they only gave you 6 months of back payments! Did you have to provide a lot of documentation about your marriage? I'm worried because my divorce was so long ago and I'm not sure where all my papers are.
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Isabella Silva
There's some confusion here that needs clarifying. Let me explain exactly how this works with divorced spouse benefits: 1. You need a 10+ year marriage (your first marriage qualifies) 2. You must be unmarried currently (sounds like you are) 3. Both you and ex must be at least 62 (you both are) Here's what happens when you take your own benefit first: You can still file for the divorced spouse benefit, but you'll only receive the DIFFERENCE if the spousal amount is higher. You'll get the higher of: - Your own reduced retirement benefit (which you're getting now) - Up to 50% of your ex's full retirement age benefit (reduced because you filed early) So if your benefit is $1,250 and 50% of your ex's benefit would be $1,500, you'd get your $1,250 plus an additional $250 per month. But there's a KEY POINT: Since you claimed at 62, your spousal benefit is permanently reduced too - you won't get the full 50% of his benefit.
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Emma Davis
•Thank you for this detailed explanation! So it sounds like I still might be able to get some additional money each month, even though I already started collecting my own benefit. I just need to figure out what 50% of my ex's benefit would be. Do I need to contact him to find out this information, or can the SSA tell me without involving him?
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Ravi Choudhury
you don't need to contact your ex! SSA has all his earnings records. just bring your marriage certificate and divorce papers when you go. and yes its reduced cuz you took benefits at 62 but still might be higher than what your getting now
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Emma Davis
•That's a relief! I definitely don't want to have to contact my ex-husband after all these years. I'll start looking for those documents tonight.
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Freya Andersen
The SAME EXACT THING happened to me!!! The SSA people either don't know what they're talking about or deliberately mislead us. I was married 12 years, took my benefit at 62, and was told I couldn't get anything from my ex's record. Three years later my neighbor told me different, I went back to SSA and turns out I could get an extra $380/month!!!! I was FURIOUS that I missed out on thousands of dollars because of THEIR mistake. They only gave me 6 months backpay even though it was THEIR ERROR!!! DON'T trust what the SSA tells you - they are overwhelmed and undertrained!!! Always get a second opinion and ask to speak to a supervisor!!
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Omar Farouk
•this is why researching is so important before making SS decisions... so many people just take whatever the first person tells them without checking
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CosmicCadet
You might want to try using Claimyr to reach someone at Social Security faster. I was in a similar situation trying to fix a benefits issue and spent days trying to get through on the phone. Claimyr got me connected to an actual SSA agent in about 20 minutes instead of spending hours on hold or getting disconnected. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU When you do get through, be very specific about wanting to file for divorced spouse benefits on your ex-husband's record since your marriage lasted over 10 years. Ask them to calculate what your benefit would be compared to what you're currently receiving. Sometimes different agents give different answers, so don't be afraid to call back if something doesn't sound right.
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Emma Davis
•Thank you for the suggestion! The phone calls to SSA are so frustrating - I tried calling twice already and got disconnected after waiting over an hour each time. I'll definitely check out that service if I can't get through tomorrow.
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Omar Farouk
just fyi u have to be divorced 2 years before u can claim on ex spouse unless they already fileld for benefits
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Isabella Silva
•That's correct, there's a 2-year waiting period after divorce UNLESS the ex-spouse has already filed for their own benefits. Since the OP mentioned her exes are 67 and 66 now, they've likely already filed for their own benefits, so the 2-year rule wouldn't apply in her case. But good point to mention for others reading this thread!
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Chloe Harris
I had a 13-yr marriage and when I contacted SSA about ex-spouse benefits, they asked me all these questions about whether I was remarried after age 60 and what my current marital status was. Does anyone know if you can still claim on an ex's record if you remarried later? My sister said you can't but I think that's only for survivor benefits not divorced spouse benefits right?
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GalaxyGlider
•Your sister is partially right. For divorced spouse RETIREMENT benefits (which is what OP is asking about), you CANNOT receive benefits on an ex-spouse's record if you are currently married to someone else. For divorced spouse SURVIVOR benefits (after an ex-spouse dies), the rules are different - you can remarry after age 60 and still collect survivor benefits from a deceased ex-spouse. So if you're currently married, you cannot collect retirement benefits based on any ex-spouse's record, regardless of how long that previous marriage lasted.
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Emma Davis
Update: I finally got through to Social Security today! The representative confirmed I am eligible for divorced spouse benefits from my first husband. She calculated that I would receive an additional $275 per month on top of my current benefit. She also said I could only get 6 months of retroactive payments, which is disappointing but better than nothing. Thank you all so much for your help and for encouraging me to pursue this. I never would have known to question what I was told initially. The rep is sending me some forms to fill out, and I need to locate my marriage certificate and divorce decree to submit with my application.
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Isabella Silva
•That's excellent news! An extra $275/month is significant - that's $3,300 per year. Plus the 6 months back pay gives you $1,650 right away. You're right to be disappointed about not getting full retroactive benefits, but unfortunately that's standard SSA policy - they typically only go back 6 months from application date regardless of when you became eligible. Make sure to keep copies of everything you submit, and get a receipt or confirmation number for your application. If you have any issues with the process, don't hesitate to follow up regularly. Congratulations on getting this resolved!
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