Can I collect ex-spouse Social Security at my FRA while my ex-husband is still under his FRA?

Yes, you absolutely can claim ex-spouse benefits based on his record! The good news is that your ex-husband does NOT need to be at his FRA for you to claim on his record. The only requirements are: 1) You were married at least 10 years (check!), 2) You're currently unmarried, 3) You're at least 62, and 4) Your ex is entitled to benefits (even if he hasn't filed yet). Since you're at your FRA, you'll get 50% of his full retirement benefit amount.However, after the 2015 law changes, you can't choose to take only ex-spouse benefits and delay your own anymore. When you file, SSA will give you the higher amount between your own retirement benefit or the ex-spouse benefit. This is called \

Thank you for explaining that! So even though I'd get the higher of the two benefits, I can't delay my own benefit to let it grow? That's disappointing. I was hoping I could take his now and then switch to mine later when it would be larger with delayed retirement credits.

my cousin did this last year and it worked out OK for her. but i think her ex was already getting his SS checks. not sure if that matters

It doesn't matter if the ex-spouse is actually collecting yet - only that they're eligible to collect. The big issue is that deemed filing rule that came with those 2015 changes. Most people don't realize they can't do the

I dealt with this EXACT situation last year! The SSA rep I talked to kept telling me wrong information and I had to call back THREE TIMES to get it straight. They kept confusing the rules for people born before 1954 with current rules.The bottom line is that since you're past your FRA, you WILL be filing for both benefits at once. They'll pay you whichever is higher - your own benefit or 50% of your ex's. What stinks is that once you file, you've filed for good - no switching strategies later.My advice is document EVERYTHING when you talk to them. I had one rep tell me I could switch later and it caused a huge mess!!!

Oh no, that sounds frustrating! Did you end up getting everything sorted out? I'll definitely take notes during any calls. It seems like even the SSA reps get confused about these rules sometimes.

You're in a good position since you've reached your FRA. Here's what you need to know:1. You can claim on your ex-spouse's record regardless of whether he has reached his FRA or whether he has filed for benefits himself. The only requirement is that he's eligible for benefits (meaning he's at least 62).2. Due to the deemed filing rules implemented after the Bipartisan Budget Act of 2015, when you file for one benefit, you're deemed to be filing for all benefits you're eligible for. The SSA will pay you the higher amount.3. Since you're already at your FRA, you won't face any reduction in benefits due to early filing.4. The maximum you can receive on your ex-spouse's record is 50% of his Primary Insurance Amount (PIA).If your ex-spouse passes away in the future, you could then become eligible for survivor benefits, which would be up to 100% of what he was receiving.

Thank you for breaking it down so clearly. I wasn't aware of how the survivor benefits would work if he passes away - that's helpful to know for future planning.

I thought you had to wait until your ex filed for his benefits before you could claim on his record? That's what my sister-in-law told me and she used to work for Social Security!

That's a common misconception. For divorced spouse benefits, your ex doesn't need to have filed for benefits - they only need to be eligible for benefits (meaning they're at least 62). If you were still married, then yes, the working spouse would need to file first before the non-working spouse could claim spousal benefits. The rules are different for divorced couples who were married at least 10 years.

Tried calling SSA 3 times this week about similar situation and couldn't get thru to anyone. Just endless hold and then disconnected! So frustrating when you're trying to plan retirement. How does anyone actually reach a human at Social Security these days??

I had the same problem, then I found this service called Claimyr that got me through to SSA in about 20 minutes instead of waiting for hours or getting disconnected. It was such a relief after trying for days on my own. You can see how it works in their video demo: https://youtu.be/Z-BRbJw3puU or check their website claimyr.comThey basically navigate the phone system for you and call you when they have an agent on the line. For complex situations like ex-spouse benefits, it's so much better to talk to someone directly than trying to figure it out online.

One other IMPORTANT thing no one mentioned - even though your ex doesn't need to file for his benefits before you can claim divorced spouse benefits, if he HAS already filed and took them early (before his FRA), that reduction DOESN'T affect your benefit amount!!!! Your 50% is based on his FULL retirement age amount, not his reduced benefit.So many people don't know this! The SSA website buries this info.

That's really good to know! I wasn't sure if his potential early retirement would reduce what I could get. So my benefit would be based on 50% of what he would get at HIS full retirement age, even if he filed early? That's a relief.

just wondering does your ex have to know you are claiming on his record? my ex and i don't talk at all and i don't want him in my business

No, your ex will never be notified that you're claiming benefits on their record. The SSA doesn't contact them or share any information about your claim. Your benefits also don't affect the amount they receive, so there's no impact on them at all. It's completely private!

Thanks everyone for all the helpful information! I'm going to gather my documents (marriage certificate, divorce decree) and schedule an appointment with SSA. It sounds like I should be able to claim on my ex's record since I've reached my FRA, but I'll get whichever is higher between that amount and my own benefit. I wish I could have delayed my own benefit to let it grow, but at least I understand the rules now. I appreciate all your insights!

Good plan. Make sure to specifically ask them to calculate both amounts for you before making a final decision. Sometimes the difference can be very small, and it's worth understanding exactly what you'll receive. Best of luck with your appointment!