Can I get ex-spouse Social Security benefits before 2-year divorce mark if he starts collecting?

Yes, the 2-year waiting period after divorce is waived if your ex-spouse begins receiving retirement benefits. According to SSA rules, you can claim spousal benefits on your ex's record immediately after divorce IF: 1. Your marriage lasted at least 10 years (yours was 12, so you're good) 2. You are at least 62 years old (you're 64, so yes) 3. You are currently unmarried 4. Your ex-spouse is entitled to benefits (meaning he has filed) However, SSA won't notify you when he files. You would need to contact SSA directly and provide his information so they can check if he's receiving benefits. If you'll get more from your own record, they'll pay your benefit plus the difference as a spousal top-up.

Nope, sadly they dont tell you when ur ex files. I had to call and ask them straight out if my ex was collectin yet. But they DID tell me that info without any trouble. Just bring ur ssn and his name/dob when u call. U might want to bring ur marriage certificate and divorce decree too if u go in person.

I had a similar situation, but I was already collecting my own benefits when my ex started collecting his. The key thing is that your spousal benefit at your FRA would be 50% of his FRA amount. If your own benefit is already $1,850/month, you would only get a top-up if his benefit at FRA is more than $3,700/month, which is quite high (above the maximum SS benefit for most people). So even if you qualify based on the marriage length and the 2-year rule being waived, you might not get any additional money if his benefit isn't more than twice yours. Have you checked your own statement on the mySocialSecurity portal to see what your spousal benefit estimate would be?

When I was trying to get through to the SS people last month, it was a NIGHTMARE!! Spent three days trying, kept getting disconnected after waiting for like 45 min each time. FINALLY my daughter told me about this service called Claimyr that got me through to a live agent in under 10 minutes! They have this demo video at https://youtu.be/Z-BRbJw3puU that explains how it works. Seriously saved my sanity when I needed to ask about my ex's file status for the same reason as you. The SSA folks were actually very discrete and professional about it.

Few more points that might help you: 1. If you're not yet at your Full Retirement Age (which for someone who's 64 now would be 66 and some months), taking ANY Social Security benefits early means you'll get a reduced amount. 2. If you take your ex-spouse's benefit before your FRA, it will be reduced based on your age when you file. 3. If you're still working and earn above the earnings limit ($22,320 for 2025), some of your benefits may be withheld. 4. Most importantly, the SSA will automatically give you whichever is higher - your own benefit or the combination of your own plus the spousal top-up. You don't have to choose one or the other. You might want to run the calculations to see if waiting until your FRA gives you the best long-term return.

THE SSA SCREWS PEOPLE ALL THE TIME WITH THESE CONFUSING RULES!!! I waited 2 years after my divorce only to find out my ex hadn't even FILED yet so I couldn't get anything anyway!!! Wasted 2 years for NOTHING. Then when he did file they NEVER TOLD ME and I missed out on 8 months of higher payments!!! Don't trust them to keep track of this stuff for you.

wait im confused. can u claim on ur ex husband even if he hasnt filed yet? i thought u could as long as he's eligible to file even if he hasnt actually done it. has that changed?

I just went through this process last fall with my ex. Found out you can actually check if you're eligible for a higher amount through the ex-spouse benefit by calling SSA and providing: - Your marriage certificate - Divorce decree - Ex's name and date of birth (SSN helpful but not required) They can tell you if they have a benefit record for him showing he's filed, and also give you an estimate of what your spousal benefit would be if you qualify. That way you don't need to contact your ex directly. Making that call saved me a ton of stress!

one more thing - if ur gonna do this make sure ur actually eligible for a top up first. if ur own benefit is already kinda high (like $1,850 is decent!) u might not get anything extra anyway. my ex made waaaaay more than me during our 22yr marriage so for me its a big difference. but some of my friends found out they get nothing extra cuz their own benefit was already higher than half their exs benefit.

ugh i got so confused by all these rules when i was applying! the thing that helped me most was actually going to my local office in person with all my documents. they were able to look everything up right there and tell me exactly what i qualified for. so much easier than trying to figure it out online or over the phone.