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Liam McGuire

Can I collect Social Security from my own record AND ex-spouse at same time? Divorced 15+ years

I've been trying to make sense of my retirement options for 2025 and getting conflicting information about ex-spouse benefits. I'll reach my full retirement age (FRA) in September 2025, and I've been divorced since 2002 (so over 20 years now). Someone at my retirement planning seminar told me I could collect on both my ex-husband's record AND my own Social Security at the same time, essentially getting both checks. But when I mentioned this to my financial advisor, she looked confused and said that didn't sound right. Can someone clarify if I can actually receive BOTH benefits simultaneously? Our marriage lasted 14 years if that matters. I don't want to count on money that isn't coming my way. Thanks for any insights!

Amara Eze

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I'm afraid whoever told you that you could collect both benefits simultaneously was incorrect. Here's how it actually works: When you're eligible for both your own retirement benefit and a divorced spouse benefit, the SSA will pay you the higher of the two amounts, not both. You can't "double dip" and get two separate checks. What you CAN do is choose which benefit to take first if one is higher than the other. For example, if your ex-spouse's benefit would give you more at your FRA than your own benefit, you could claim that and let your own benefit continue to grow until age 70 (gaining delayed retirement credits). Since you were married for 14 years (over the 10-year minimum requirement) and have been divorced for over 2 years, you do qualify for ex-spouse benefits if they would be higher than your own.

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Liam McGuire

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Thank you for explaining this! So I've been planning based on incorrect information. That's disappointing but I'm glad to know the truth now. Quick follow-up: how do I find out what my ex-spouse's benefit amount would be? We haven't spoken in years, and I don't want to contact him about this.

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This is something ALOT of people get wrong!! You dont get BOTH benefits, you get the HIGHER of the two. my sister thought the same thing and was sooo upset when she found out the truth lol

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Liam McGuire

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Thanks for confirming. It seems like a common misunderstanding. I wonder why this misconception is so widespread?

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NeonNomad

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There's actually one strategy that might be worth considering in your situation, though it depends on your specific benefit amounts. If your own retirement benefit at 70 would be higher than your divorced spouse benefit at FRA, you could potentially: 1. File for your divorced spouse benefit when you reach FRA in September 2025 2. Let your own benefit continue to grow until 70 3. Then switch to your own higher benefit This only works if you were born before January 2, 1954 (due to the Bipartisan Budget Act of 2015 that eliminated some claiming strategies). What year were you born?

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WAIT that 1954 cutoff is SO important!!! my friend tried to do this exact strategy but she was born in 1955 and SSA said NOPE!! The rules changed and they don't allow the "restricted application" anymore for ppl born after that date. The SSA rep was really clear that if ur born after 1/2/1954 they AUTOMATICALLY give u whichever is higher and u can't choose one now and switch later. OP needs to check her birth year!!

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I had this EXACT SAME QUESTION when I was getting ready to retire 2 years ago!!! Was married 22 yrs, divorced for 18. My ex made wayyyyy more than me, so I just get 50% of his benefit (well minus the WEP reduction because he had a govt pension ughhh). SS told me I could EITHER get mine OR get his but NOT BOTH!!!

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This is an important clarification - the divorced spouse benefit is actually up to 50% of your ex's full retirement age benefit amount, not their actual benefit. And you're right about the WEP (Windfall Elimination Provision) potentially reducing benefits if either person had a pension from work not covered by Social Security. There's also the GPO (Government Pension Offset) that can apply in certain situations. The entire system gets very complicated with these special provisions!

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To answer your question about finding out your ex-spouse's benefit amount without contacting them: You don't need to contact your ex at all. The SSA has all that information already. When you apply for benefits, just tell them you want to apply for divorced spouse benefits as well, and provide your marriage certificate and divorce decree. They'll calculate both benefits and pay you the higher amount automatically. It's worth calling the SSA directly to discuss your specific situation and get estimates of both benefit amounts. That way you can plan accurately for 2025.

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Liam McGuire

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That's a relief! I definitely don't want to contact my ex. I'll gather my marriage certificate and divorce decree. I've tried calling SSA several times but keep getting disconnected after waiting for ages. Is there a better way to reach them?

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Dmitry Volkov

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I had the same frustration trying to reach SSA about my divorced spouse benefits last year. After getting disconnected multiple times and waiting on hold for 2+ hours, I found this service called Claimyr that got me through to a real SSA agent in under 20 minutes. I was skeptical at first but it actually worked. You can see how it works at https://youtu.be/Z-BRbJw3puU and their website is claimyr.com. Saved me days of frustration, especially since I needed specific info about my ex's benefits that only an agent could provide.

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ooo i might try this!! been trying to talk to someone at SS for WEEKS about my disability review!!!

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OMG THIS IS SO CONFUSING!!!! so we CANT get both???? I thought my aunt was getting both of her benefits AND her ex husbands but maybe I misunderstood what she told me. Social security has THE WORST rules and they make it SO HARD to understand!!!! I'm 58 and already stressing about all this!!

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Amara Eze

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It can definitely be confusing! Your aunt is most likely receiving just one benefit - whichever is higher between her own and her ex-spouse's. The SSA calculates both and pays the higher amount. Sometimes people think they're getting both because the benefit amount might be higher than what they expected from their own record alone, but it's still just one payment.

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My cousin said this too that you can get both and I kept telling her NO WAY thats not how it works!!! If we could all get two benefits everyone would be doing it lol

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NeonNomad

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One more important thing: if your ex-spouse remarried but you haven't, you can still claim on their record. Your benefit claim has no effect on what your ex-spouse or their current spouse receives. Many people don't realize this and avoid claiming divorced spouse benefits unnecessarily.

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Liam McGuire

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That's good to know. My ex did remarry about 10 years ago, but I never did. I was worried that might affect eligibility somehow. You've all been so helpful in clearing up my misconceptions!

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WAIT does anyone know if this applies the same way for survivor benefits?? My mom's ex-husband died last year and they were married 30 years before divorcing in 2011. Can she get HER social security AND survivor benefits from him??? Now im confused if the rules are different for survivors vs regular retirement!!!

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Survivor benefits have different rules than divorced spouse benefits. With survivor benefits (including divorced survivor benefits), your mom can actually receive her own retirement benefit AND a partial survivor benefit if she's at full retirement age. Or she could take one first and switch to the other later depending on which maximizes her overall benefits. She should definitely contact SSA about this specific situation because survivor benefits offer more flexibility.

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