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Can I get ex-spouse Social Security benefits at 70 after taking early retirement at 65?

I'm really confused about how ex-spouse benefits work with Social Security. I started collecting my retirement benefits early at age 65 (I'm 70 now), and currently receive $1,425 monthly. My ex-wife and I were married for 22 years before divorcing 11 years ago. She's turning 62 next month and becomes eligible for Social Security. I was hoping I might qualify for some kind of spousal benefit increase based on her record since she earned significantly more than me during our marriage. When I visited my local SSA office yesterday, the representative calculated something and said my benefit amount (approximately $1,400 × 2) would disqualify me from receiving any additional amount from her record. Does that sound right? I thought divorced spouse benefits worked differently than regular spousal benefits. Did I misunderstand something or did the SSA rep miss anything important? I'm really struggling financially and was counting on this possible increase.

I'm afraid the SSA representative was correct in your case. When you take your own retirement benefits first (especially reduced early retirement), you're only eligible for the higher of either your own benefit OR the spousal/ex-spousal benefit. You don't get both added together. The "spousal top-up" only happens if the spousal benefit would be higher than your own benefit. Here's why you're not qualifying: The maximum ex-spouse benefit you could receive would be 50% of your ex-wife's Primary Insurance Amount (PIA) - which is what she'd get at her Full Retirement Age. Since you already collect $1,425/month on your own record, your ex-wife's PIA would need to be at least $2,850 for you to qualify for any additional amount. That's quite high - only about 5% of retirees have a PIA that high. Unfortunately, there's not much you can do at this point since you've already claimed your own benefits.

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Thank you for explaining. I think I completely misunderstood how this works. I thought I could get my own benefit PLUS some percentage of hers. So frustrating to learn this now when I'm already struggling financially. Is there any other way to increase my benefit at this point?

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The same thing happened to me! The SSA reps don't always explain things clearly. I was told I could get ex-spouse benefits too, but when they ran the numbers, NOPE! Something about how once you take your own benefits early, you're stuck with that decision. The whole system is designed to confuse people!!

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The system is definitely confusing! But one correction - it's not that you're stuck with your decision to take early benefits forever. It's simply that spousal benefits (including ex-spouse benefits) only come into play if they're HIGHER than your own benefit. You always get the higher of the two, not both added together. Many people misunderstand this point.

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have you checked if you qualify for SSI? if your income is low enough that might help... my uncle got an extra $600 that way

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That's not quite accurate. SSI (Supplemental Security Income) has very strict income and resource limits. The maximum federal SSI payment in 2025 is only $943 for an individual, and you must have very limited assets and income to qualify. With the original poster already receiving $1,425 in Social Security retirement benefits, they would exceed the income limit for SSI eligibility. Your uncle's situation must have been different or the program might have been something else.

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When I was dealing with Social Security about my ex-spouse benefits, I got different answers every time I called the 800 number. I was getting so frustrated because I kept waiting on hold for 3+ hours only to get disconnected or get contradictory information. Finally, I tried this service called Claimyr (claimyr.com) which connected me to an agent in about 15 minutes instead of hours. They have a video showing how it works here: https://youtu.be/Z-BRbJw3puU. That way I actually got someone knowledgeable who explained my ex-spouse benefits correctly the first time. Saved me days of frustration.

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Evelyn Xu

does that service cost money? seems like we shouldnt have to pay just to talk to social security...

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I understand your confusion about ex-spouse benefits, as the rules can be quite complex. Here's what's happening in your situation: When the SSA rep mentioned "$1,400 × 2" they were referring to a calculation related to your ex-wife's Primary Insurance Amount (PIA). For ex-spouse benefits, the maximum you could receive is 50% of your ex-wife's PIA. Since you're already receiving $1,425, your ex-wife's PIA would need to be at least $2,850 for you to receive any additional amount. You were correct in understanding that there's a "top-off" benefit. This occurs when your ex-spouse's record would generate a higher benefit than your own. In that case, SSA pays your benefit PLUS the difference to bring you up to the higher amount. However, they don't add two full benefits together. One important note: Since you took benefits before your Full Retirement Age (FRA), your own benefit was permanently reduced. Additionally, any spousal/ex-spousal benefits you might qualify for are also permanently reduced because of your early filing.

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Thank you for the detailed explanation. So to clarify - if my ex-wife's PIA is $2,500, would I get any additional amount? Or does it have to exceed $2,850? I'm trying to understand the exact calculation they're using.

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My friend just went thru this!!! The SS people kept saying different things each time she called. Spousal benefits are SUPER confusing especially with ex's. They don't make it easy AT ALL. Frustrating!!!

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You're absolutely right that these benefits can be confusing. The rules for ex-spouse benefits specifically require: 1. The marriage lasted at least 10 years 2. You're currently unmarried 3. Both you and your ex are at least 62 4. Usually, your ex needs to have filed for their own benefits (though there are exceptions) And most importantly: you only get the higher of either your own benefit OR the spousal benefit - not both combined. That's where most of the confusion happens.

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To answer your follow-up question about the $2,500 PIA - if your ex-wife's PIA is $2,500, then 50% of that would be $1,250. Since your own benefit is $1,425, you wouldn't receive any additional amount because your own benefit is already higher than what you'd get as an ex-spouse (50% of her PIA). One other thing to consider: Check if you might qualify for any other government benefits to supplement your income if you're struggling financially. Programs like SNAP (food stamps), Medicare Savings Programs (which help with Medicare costs), or energy assistance programs might help ease your financial situation.

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Thank you. I see now why I don't qualify. I appreciate everyone's help explaining this. I'll definitely look into those other programs you mentioned. Every little bit helps at this point.

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Hey just wondering - does anyone know if the OP could have done something different? Like if he had waited until Full Retirement Age instead of taking benefits at 65? I'm trying to figure out what to do with my own situation and don't want to make the same mistake!

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Yes, there was a potentially better strategy. Prior to 2016, someone at their Full Retirement Age could file a "restricted application" for just spousal/ex-spousal benefits while letting their own benefit grow until age 70. Unfortunately, the Bipartisan Budget Act of 2015 eliminated this option for anyone born after January 1, 1954. For someone in the original poster's position today, the best strategy would depend on whose record would provide the higher benefit. If their own record would ultimately be higher, waiting until 70 to file would maximize their monthly benefit (though they'd miss several years of payments). If the ex-spouse's record would provide the higher benefit, then timing would depend on when the ex-spouse files and when the maximum spousal benefit would be available.

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