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Can I collect Social Security from ex-husband's record when he hasn't retired yet?

Hi everyone! I'm trying to figure out my Social Security options and getting mixed information everywhere I turn. I'm turning 62 next month and currently debating whether to take my benefits. However, my ex-husband (we divorced 16 years ago after being married for 17 years) is 63 and still working full-time. His earnings were substantially higher than mine throughout our careers. My question is: Can I claim spousal benefits on his record NOW even though he hasn't filed for his benefits yet? Some friends say I have to wait until he files, others say I can file on his record regardless since we've been divorced so long. His benefit will be about $3,400 at his full retirement age while mine would only be around $1,850. I've tried calling SSA three times but keep getting disconnected after waiting for hours! Any insights from people who've dealt with ex-spouse benefits would be so appreciated!

Unfortunately, you can't claim on your ex-husband's record until he actually files for his own benefits. That's just how the system works for current spouses AND ex-spouses. The only exception would be if he's at least 62 and you've been divorced for at least 2 years, which you have. In that case, you CAN file on his record even if he hasn't filed yet - this is called the "independently entitled divorced spouse" provision. Since you meet both conditions (divorced 16 years and he's over 62), you should be eligible to file on his record now. However, remember that at 62, you'll only get about 70% of what your spousal benefit would be at your full retirement age (which is 50% of his FRA amount).

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Thank you for explaining this! So if I understand correctly, since we've been divorced over 2 years and he's over 62, I CAN actually file on his record even though he hasn't filed? That's completely different from what the last person I spoke with told me. Do you know if there's a specific form or wording I should use when applying to make sure they understand my situation correctly?

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ur wrong. she CAN file for ex-spouse benefits if divorced for 2+ years and both r over 62 even if he hasnt filed yet. look it up on ssa.gov

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That's exactly what I said in my second paragraph - that she CAN file because she meets both conditions (divorced 16+ years and he's 62+). Maybe you just read my first sentence and not the full explanation?

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Have you run the numbers for your own record vs. the ex-spouse benefits? Even with the higher PIA, when you file at 62 you're looking at significant reductions. I was in a similar boat last year (though I'm the husband in the scenario) and was SHOCKED at how much the early filing reduced things. Something like 30% less than if I'd waited until my FRA!!! Make sure you're comparing actual benefit amounts after early filing reductions.

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That's a good point! I haven't seen exact numbers yet since I can't get through to SSA. Do you know if they apply the same reduction to ex-spouse benefits as they do to regular retirement benefits when filing early? I'm worried about making the wrong decision and being stuck with a permanently reduced amount.

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To clarify the rules precisely: 1. You can claim ex-spouse benefits as early as 62 IF you've been divorced at least 2 years AND your ex is at least 62, even if he hasn't filed yet. This is called the "independently entitled divorced spouse" rule. 2. However, your benefit would be reduced for early filing. At 62, you'd get approximately 32.5% of his PIA (Primary Insurance Amount) rather than the full 50% you'd get at your FRA. 3. Important: SSA will always pay your own retirement benefit first if it's higher than the divorced spouse benefit. They don't stack! Based on the numbers you shared, your FRA benefit would be $1,850, while 50% of his PIA would be about $1,700 ($3,400 ÷ 2). This means your own benefit is actually higher than what you'd get on his record at FRA. I suggest creating a my Social Security account online to see your exact projected benefit amounts at different ages before making any decisions.

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This is so confusing!!! My friend Debbie got her ex-husband's SS and it was way more than her own even though they were only married 11 years. How does that make any sense? The whole system seems completely random to me. 🤷‍♀️

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I spent WEEKS trying to get someone at Social Security on the phone about my own ex-spouse situation. Kept getting disconnected or waiting forever. Finally found this service called Claimyr that got me through to a real person in under 20 minutes! Just went to claimyr.com, they called SSA for me and connected me when an agent was available. Saved me literal days of frustration. Here's a video showing how it works: https://youtu.be/Z-BRbJw3puU The agent confirmed I could file on my ex's record since we'd been divorced over 2 years and he was over 62, even though he hadn't filed yet. But in my case, my own benefit was actually higher so it didn't make sense.

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Thank you for sharing this! I'll definitely check out that service. At this point I'd pay anything to not spend another day on hold only to get disconnected. I just need clear answers about my specific situation.

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the system is RIGGED against divorced women! my ex made 3x what I did for 25 years while I raised our kids but I only get a TINY fraction of "his" benefits even though I EARNED them too by supporting his career!!! meanwhile he remarried a woman 20 years younger who will get survivor benefits for DECADES if he dies first. total scam!!!!

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While I understand your frustration, the rules are actually identical for men and women. Ex-spouses can receive 50% of the worker's benefit at FRA if the marriage lasted at least 10 years. Current spouses also receive 50% as spousal benefits. The system isn't perfect, but these particular rules are gender-neutral.

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i think u should just wait til ur FRA (66+?) bcuz taking benefits early is ALWAYS a bad idea. my neighbor took SS at 62 and regrets it every month when she gets that smaller check!!!

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That's not always true though! If you have health concerns or need the money now, sometimes taking it early makes sense. It's about break-even calculations. If you don't expect to live past about 80-82, taking it at 62 can actually give you more money lifetime. Everyone's situation is different!

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Not sure about the rest but wanted to share that my mom was in almost the exact same situation last year! She started collecting on her ex-husband's record even though he hadn't filed yet. She had to specifically mention the 2-year divorce rule though because the first SSA person she talked to didn't seem to know about it. Good luck!!! 👍

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That's so helpful to know! I'll definitely make sure to specifically mention the 2-year divorce rule when I apply. Did your mom have to provide any special documentation besides the normal divorce decree?

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Based on what you've shared, your own benefit at FRA ($1,850) is actually higher than what you'd get as an ex-spouse benefit (50% of $3,400 = $1,700). And remember that filing at 62 means you'd only get about 70% of either amount. This is a critical point many people miss: SSA doesn't give you both benefits added together. They give you the higher of the two. So in your case, you'd likely just get your own reduced retirement benefit if you file at 62. If you can afford to wait until your FRA or even age 70, your own benefit would grow substantially and almost certainly exceed anything you'd get on your ex's record.

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Thank you for pointing this out! I hadn't considered that my own benefit at FRA might actually be higher than the ex-spouse benefit. This changes my calculations completely. I think I need to create that my Social Security account someone mentioned to see my exact benefit projections. I appreciate everyone's help!

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