Can I get ex-spouse Social Security benefits while on SSDI before reaching FRA?
I'm trying to understand if I qualify for ex-spouse Social Security benefits on top of my current SSDI. I was married for over 10 years and never remarried (have all the marriage/divorce paperwork). My ex-husband is already at his Full Retirement Age and collecting his benefits. I'm currently on SSDI but will reach my own Full Retirement Age in about 18 months. What I'm confused about is how much higher his benefit needs to be than mine to qualify for any "top-off" amount? And is it correct that the maximum I could get would be 50% of his benefit? Will things change when I transition from SSDI to regular retirement benefits at my FRA? I've tried calling the SSA office three times but keep getting disconnected after waiting for hours! Any guidance would be greatly appreciated.
17 comments
Nia Thompson
Yes, you can potentially receive a divorced spouse benefit while on SSDI! The rule is that if 50% of your ex-spouse's Primary Insurance Amount (PIA) is higher than your own SSDI benefit, you can receive the difference as a "top-up." For example, if your monthly SSDI is $1,200 and your ex's PIA is $3,000, then 50% would be $1,500. You'd get your $1,200 SSDI plus a $300 divorced spouse benefit. When you reach FRA, your SSDI automatically converts to retirement benefits at the same amount, but the divorced spouse benefit calculation stays the same. Make sure to actually apply for the divorced spouse benefit - it's not automatic!
0 coins
Luca Esposito
•Thank you for explaining! So there's no minimum percentage his benefit has to be higher than mine? Just as long as 50% of his is more than 100% of mine? I'm getting $1,420 on SSDI, so his would need to be at least $2,840 for me to get anything additional, right?
0 coins
Mateo Rodriguez
ive been thru this!!! they wont give u anything extra unless 1/2 of HIS benefit is MORE than your whole benefit. its stupid cuz women usually make less anyway. and yes its capped at 50% max even if u were married 30 years!!! you gotta actually apply for it too they dont just check for you
0 coins
Luca Esposito
•Thanks for sharing your experience. So frustrating that they don't automatically check if we qualify! Did you have to provide the divorce decree when you applied?
0 coins
Mateo Rodriguez
•yep had to show marriage certificate AND divorce papers. make copies cuz they lose stuff all the time!!! took me 3 months to get approved and backdated
0 coins
Aisha Abdullah
Something important to understand is that when you're receiving SSDI, the ex-spouse benefit works exactly the same as it would for retirement. You don't have to wait until FRA to apply for the divorced spouse benefit. The calculation is simple but often misunderstood: 1. SSA calculates 50% of your ex's Primary Insurance Amount (PIA) 2. They compare that to 100% of your current SSDI benefit 3. If #1 is higher than #2, you get your SSDI plus the difference When you transition to retirement at FRA, nothing changes with this calculation. Your SSDI amount becomes your retirement amount. I recommend applying now rather than waiting. If you qualify, they may pay retroactively for several months.
0 coins
Ethan Wilson
•This explanation is WRONG. If you file before FRA, there's a REDUCTION to what you get. My sister got screwed because of this - she should have waited!!! The benefit gets reduced if you file early even on your ex's record!
0 coins
NeonNova
i think its unfair that they make us jump through all these hoops. My neighbor thought she was getting the proper amount for YEARS and then found out she could have been getting an ex spouse benefit too but they never told her!! she lost out on thousands because theres a limit to the retroactive payments. Be careful with SSA they don't volunteer information!!
0 coins
Luca Esposito
•That's exactly what I'm worried about! I don't want to miss out on benefits I'm entitled to. Did your neighbor eventually get the ex-spouse benefits?
0 coins
NeonNova
•yes but only 6 months back pay when she should have got like 5 YEARS worth!! criminal if you ask me
0 coins
Yuki Tanaka
Have you tried using Claimyr to get through to SSA? I was in a similar situation trying to ask about my divorced spouse benefits and kept getting disconnected after waiting for hours. A friend told me about claimyr.com and they got me connected to a real person at SSA in about 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU I was able to schedule an appointment to apply for my divorced spouse benefits and got all my questions answered. Much better than waiting for hours only to get disconnected!
0 coins
Luca Esposito
•I've never heard of this service! Thank you for the recommendation. I'll check out the video. At this point I'm willing to try anything to get through to a real person. Did you find the SSA representatives helpful once you got connected?
0 coins
Yuki Tanaka
•Yes, once I actually got through to someone they were helpful. The rep I spoke with pulled up my record, confirmed I was eligible for a small divorced spouse supplement (about $175/month), and helped me schedule an application appointment. They said to bring my marriage certificate, divorce decree, and my ex's SSN if I had it (I didn't but they could find him in the system anyway).
0 coins
Carmen Diaz
My cousin got a suplimental on her ex's record but she had to apply through the local office in person. Theyre realy strict about the 10 year marriage rule, even if your off by a month they say no. But she gets an extra $230 evry month now on top of her disability. Worth trying for sure!!!!
0 coins
Luca Esposito
•Thank you! Fortunately we were married for 12 years so I'm well over the 10-year requirement. $230 extra per month would make a huge difference for me.
0 coins
Nia Thompson
One more important thing to know: when you apply for the divorced spouse benefit, SSA won't tell your ex-husband. Some people worry about this, but your application won't affect his benefit amount or generate any notification to him. Also, if your ex-husband has remarried, it doesn't affect your eligibility for benefits on his record. When you do apply, be prepared for SSA to request: - Proof of your SSDI entitlement (they should have this already) - Marriage certificate - Final divorce decree - Your ex's Social Security number (helpful but not required) Good luck with your application!
0 coins
Luca Esposito
•That's a relief to know he won't be notified. We haven't spoken in years, and I'd prefer to keep it that way. I'll gather all those documents and try using that Claimyr service to get through to SSA. Thank you all for the helpful information!
0 coins