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Can I get SSDI plus divorced spousal benefits before my ex-husband files for Social Security?

Hey everyone, I've been battling with my finances for years now and really need some clarity on Social Security rules. I'm turning 61 next month and have been collecting SSDI since 2012 after my lupus made it impossible to continue working. My ex and I were married for 23 years before we split in 2017. He's turning 62 in December and knowing him, he'll probably work until he drops dead at his desk (he's always been a workaholic). I'm really struggling to make ends meet on just my SSDI payment of $1,476/month. My question is: can I qualify for any kind of divorced spousal benefit or "top-up" while I'm on SSDI? And the big question - do I have to wait until he actually files for his own retirement benefits before I can get anything? Also, if he decides to take early retirement before his full retirement age, would any benefit I might get be reduced based on his early filing or would it be based on his FRA amount? I've looked through the SSA website but I'm getting confused with all the different rules. Any help would be so appreciated!

Javier Torres

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Yes, you can potentially receive divorced spouse's benefits while on SSDI. Here's what you need to know: 1. You must have been married for at least 10 years (you were married 23 years, so you qualify) 2. You must be currently unmarried 3. Your ex-spouse must be at least 62 The tricky part: Normally, your ex would need to have filed for his own benefits first. However, there's an exception - if you've been divorced for at least 2 years (which you have), you can file for divorced spouse benefits even if your ex hasn't filed yet. As for the amount, you would be eligible for up to 50% of your ex's Primary Insurance Amount (PIA) - that's what he would get at his full retirement age. However, your total benefit (SSDI plus divorced spouse benefit) would be limited to the higher of the two amounts. So if your SSDI is less than 50% of his PIA, you'd get a "top-up" to reach that 50% level. And no, his decision to take early benefits wouldn't affect your amount - your benefit would still be based on his full retirement age benefit (his PIA).

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Natasha Volkova

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Oh thank you so much for this detailed explanation! I had no idea about the 2-year divorce rule. That's a huge relief to know I might be able to get something even if he keeps working forever. Do you know how I go about applying? Do I need to provide his social security number or anything? We don't exactly keep in touch.

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Emma Davis

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my sister got divorced spouse benifets but she had to wait til her ex started collecting first... or maybe not? ill ask her. anyway she said SSA people were NO help when she called smdh took her 6 tries to get through to anyone!!

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Malik Johnson

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Your sister may have been divorced for less than 2 years when she applied. That's a key detail - if the divorce is less than 2 years old, then yes, the ex-spouse needs to be collecting. But after 2 years post-divorce, you can file even if the ex isn't collecting yet. And you're absolutely right about how difficult it is to reach SSA by phone these days. Since the pandemic, their phone systems have been completely overwhelmed.

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I went through something sort of similar last year. Was on SSDI and qualified for divorced spouse benefits. Here's what happened: I brought my divorce decree, marriage certificate, and birth certificate to my appointment. The SSA rep looked up my ex's earning record and calculated what I was eligible for. BUT - big warning - they will only pay you the DIFFERENCE between your SSDI and what you'd get as a divorced spouse (if that amount is higher). So if your SSDI is $1,476 and your divorced spousal benefit would be $1,800, you only get an additional $324 per month, NOT the full $1,800. Also, they were HORRIBLE to deal with by phone. Impossible to get through!

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Natasha Volkova

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Thanks for sharing your experience! That makes a lot of sense about only getting the difference. Did they contact your ex at all during the process? I'm worried about that part since our divorce wasn't exactly friendly.

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Ravi Sharma

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I spent 2 weeks trying to get someone at Social Security on the phone about a similar question. Kept getting disconnected or waiting 2+ hours only to have the call drop. I finally tried using Claimyr.com and got through to an agent in about 15 minutes! They have this system that navigates all the phone menus and waits on hold for you, then calls you when an agent is on the line. You can see how it works in their video demo: https://youtu.be/Z-BRbJw3puU Anyway, the agent confirmed what others have said - you don't need your ex to file first if you've been divorced 2+ years. But they do need to look up his earnings record to calculate your benefit, so having his SSN is helpful (though not absolutely required - they can find it with his name and DOB).

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Natasha Volkova

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Oh wow, I hadn't heard of that service before. I'll definitely check it out because I've been putting off calling SSA precisely because I dread the wait times. Thanks for the tip!

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NebulaNomad

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The MOST important thing no one mentioned yet!! The Divorced Spouse Benefit is ONLY available if it would pay MORE than your current SSDI!! The SSA will pay you whichever is higher - your disability benefit OR the divorced spouse benefit - NOT BOTH! Did anyone actually READ your question?

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Javier Torres

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You're referring to the "top-up" which I mentioned in my response - the total benefit would be limited to the higher of the two amounts. If the divorced spouse benefit is higher than her SSDI, she would get a "top-up" to reach that level. Sorry if that wasn't clear enough.

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I mentioned this exact thing in my comment. You get the difference between your SSDI and the spouse benefit, not both full amounts.

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Freya Thomsen

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i think you need to wait until he files thats what my neighbor had to do

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Malik Johnson

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That's not correct for someone who has been divorced for at least 2 years. After the 2-year post-divorce mark, you can file for divorced spouse benefits even if your ex-spouse hasn't filed yet, as long as they're eligible for benefits (age 62+).

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Malik Johnson

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To summarize the key points accurately: 1. Yes, you can qualify for divorced spouse benefits while on SSDI 2. Since you've been divorced more than 2 years, you do NOT need to wait for him to file first 3. Any benefit would be based on his Primary Insurance Amount (PIA) - what he'd get at his FRA - regardless of when he actually files 4. You would only receive the difference if the divorced spouse benefit is higher than your SSDI 5. For 2025, the maximum spousal benefit is 50% of your ex's PIA I recommend contacting SSA directly, either by scheduling an appointment at your local office or by phone. Bring or have ready: your marriage certificate, divorce decree, birth certificate, and if possible, your ex's SSN (though they can find him with full name and DOB if necessary). They will NOT contact your ex during this process. Also, your SSDI benefits will automatically convert to retirement benefits when you reach your FRA, but the amount stays the same.

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Natasha Volkova

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Thank you for this clear summary! It's really helpful to have all the information in one place. I'm going to gather my documents and try to make an appointment at my local office. This gives me hope that I might be able to get a little financial relief.

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Emma Davis

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Just wondering but does it matter if he remarried?? My ex is on like wife #3 now lol

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Javier Torres

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Good question! No, it doesn't matter if your ex-spouse remarried. Your entitlement to divorced spouse benefits is based solely on your marriage to him, and his current marital status has no effect on your eligibility.

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NebulaNomad

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Nobody is talking about how this affects HIS benefits!!! If she claims on his record it REDUCES what he gets!!! That's why exes don't want you claiming on their record!!

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Javier Torres

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This is incorrect information. When a divorced spouse claims benefits on their ex's record, it has ZERO impact on the ex's benefit amount. The ex will never even know the divorced spouse has filed (unless they tell them). This is different from spousal benefits for current marriages, but for divorced spouses, there is absolutely no reduction to the ex's benefits.

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Malik Johnson

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That's not true for Social Security. Divorced spouse benefits do NOT reduce the ex-spouse's benefits in any way. You might be confusing this with private pensions that have survivor benefits, which work differently.

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One more tip from my experience - print out ALL your tax returns from the marriage if you have them. They asked me for income verification because they wanted to check if I had any government pensions that would trigger the Windfall Elimination Provision (WEP) or Government Pension Offset (GPO). Those can reduce benefits if you worked for state/local government that didn't pay into Social Security.

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Natasha Volkova

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I worked in the private sector my whole career, so I should be okay on that front. But that's a good point - I'll bring my recent tax returns just in case they need to verify anything.

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