Can I collect from both my own Social Security and my ex-spouse's benefits, or just the higher amount?
I'm planning to retire next year (at 64) and trying to figure out my Social Security strategy. My ex-husband and I were married for 23 years before our divorce 5 years ago. He always made significantly more than me - probably twice my salary most years. I've worked consistently but had some lower-earning years while raising our kids. I'm confused about how the ex-spouse benefits work. Would I be able to collect BOTH a portion of his Social Security AND my own retirement benefit? Or does Social Security just give me whichever amount is higher? I've heard conflicting information from friends. Also, does it matter that he hasn't filed for his benefits yet? He's 66 and still working. Really appreciate any help understanding this. I don't want to leave money on the table but the SSA website is so confusing on this topic!
18 comments
Ravi Sharma
You don't get both - you get the higher of the two. If your ex-spouse's benefit would give you more than your own work record, then you'd get that amount instead of your own benefit. But there's a strategy here: you could take your ex-spouse's benefit at your full retirement age and let your own benefit grow until 70 if your own would be higher by then with the delayed retirement credits. I struggled with this exact same issue last year. Spent WEEKS trying to get through to Social Security to get a straight answer. Kept getting disconnected or waiting for hours. Finally used a service called Claimyr (claimyr.com) that got me connected to a real person at SSA in under 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU The agent explained everything clearly and helped me figure out which option was best in my situation. Worth every penny to save the frustration!
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Isabella Santos
•Thanks for this info! I didn't know about possibly taking one benefit now and switching later - that's interesting. Did you have to provide any documentation to prove your marriage/divorce when you applied for ex-spouse benefits? And I'm definitely going to check out that Claimyr service. I've tried calling SSA three times already and always get disconnected after waiting forever.
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Freya Larsen
yes i went through this 2 yrs ago u just get the higher one not both sorry
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Isabella Santos
•Thanks for confirming! Did you find it was pretty straightforward to apply for the ex-spouse benefit?
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Omar Hassan
Social Security rules for ex-spouse benefits can be confusing, but here's how it works: 1. You don't receive both benefits simultaneously. SSA will pay your own retirement benefit first, then supplement it if your ex-spouse's benefit would be higher. 2. To qualify for ex-spouse benefits: - Marriage lasted at least 10 years (you qualify with 23 years) - You must be unmarried currently - You must be at least 62 - Your ex must be entitled to benefits (doesn't need to be claiming them) 3. The maximum you can receive on your ex's record is 50% of his full retirement age benefit amount. 4. If you claim before your Full Retirement Age (FRA), both your own benefit and the ex-spouse benefit will be permanently reduced. 5. Importantly, if your ex hasn't filed yet but is eligible, you can still claim on his record if you've been divorced for at least 2 years. I would recommend scheduling an appointment with SSA to get a personalized analysis. They can calculate exact amounts based on both earnings records.
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Isabella Santos
•Thank you so much for this detailed explanation! I was especially confused about whether he needed to file first, so I'm glad to know that after 2 years of divorce (which we've passed), his filing status doesn't matter. One more question if you don't mind - if I take my own reduced benefit now at 64, and then when he files for his benefit at 70, could I switch to the ex-spouse benefit if it's higher at that point?
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Chloe Taylor
Whichever is higher. But be careful! My sister thought she'd get her ex's and did all the paperwork only to find out she made $237 too much in some random year in the 90s to qualify or something ridiculous like that. The whole system is designed to confuse people and deny benefits if you ask me.
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ShadowHunter
•That doesn't sound right. Ex-spouse benefits don't have an earnings test from the 90s that would disqualify someone completely. Your sister may have misunderstood the explanation, or there might have been another issue with her claim. If she made too much while trying to claim benefits before full retirement age, that would reduce benefits temporarily, not permanently eliminate eligibility. The earnings test only applies if you're working while collecting benefits before your Full Retirement Age. Past earnings don't disqualify you - they actually help determine your benefit amount.
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Diego Ramirez
just went thrugh this exact thing but m still working part time. Social security only give you the higher of the two benefits not both added together. I was so disappointed because I was counting on both!!! They should make this more clear on their website!!
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Isabella Santos
•I was hoping for both too! Sorry to hear you were disappointed as well. I agree the website is really confusing on this point. Are you taking your own benefit or your ex's?
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Anastasia Sokolov
I have a similar question aobut my situation. My husband passed away last year and I'm getting survivor benefits now (I'm 60). When I reach 62 next year, can I switch to my own SS if it's higher? Or once I start survivor benefits am I stuck with that forever? The whole system is SO CONFUSING!!!
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Omar Hassan
•Your situation is actually different because you're receiving survivor benefits, not ex-spouse benefits. With survivor benefits, you can switch between benefits. You could take reduced survivor benefits now, then switch to your own retirement at your FRA or later (or vice versa). I'd recommend getting a personalized analysis to determine which claiming strategy maximizes your lifetime benefits. This flexibility doesn't exist with divorced spouse benefits in the same way since rule changes in 2015, which is why the original poster's situation is different.
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ShadowHunter
Here's the technical explanation of what happens: SSA doesn't actually give you "whichever is higher" in the way most people think. What actually happens is you receive your own retirement benefit first, and then if your spousal benefit would be higher, you receive an additional amount to bring the total up to the higher benefit level. From SSA's perspective, you're receiving both benefits, but you're only getting the differential amount from the second benefit. That's why people say "you get the higher of the two" as a simplification, though it's not technically how the system calculates it. This is important because it affects how certain reductions and increases are applied. For example, if you're subject to the Government Pension Offset or Windfall Elimination Provision, understanding how the benefits are actually calculated becomes crucial. At your age (64), taking benefits now means accepting a permanent reduction of approximately 13.3% from your full retirement age amount. If maximizing monthly income is important, you might consider waiting until your full retirement age.
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Isabella Santos
•Thank you for this detailed explanation! I didn't realize that's how they actually calculate it. I don't have a government pension, so hopefully the WEP/GPO won't affect me. I'm leaning toward waiting until my full retirement age now (which would be 66 and 8 months I think). I'm still working part-time, so I can manage financially for now. I'd rather get the full amount when I do start claiming.
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Freya Larsen
my friend told me if u call the SS office directly they'll tell u the exact amount you'll get on your record vs your ex. save u all the trouble of guessing
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Isabella Santos
•That's good advice. I've been dreading calling them, but I guess that's really the only way to get the exact numbers. I need to block off a whole morning to wait on hold I think!
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Ravi Sharma
Just wanted to update that I ended up using Claimyr this afternoon after seeing so many people mention long hold times. It really did work! Got connected to a Social Security rep in about 15 minutes. The rep confirmed that in my case, my own benefit would be slightly higher than the ex-spouse benefit, so I'll be going with that when I reach my full retirement age next year. Such a relief to have a clear answer finally!
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Diego Ramirez
•thx for sharing ur update!! glad u got an answer and didnt have to waste hours on hold!
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