Can I get more Social Security benefits from ex-spouse who never contributed while we were married?
I need some advice about Social Security spousal benefits in a weird situation. I'm 65 and started collecting my SS at 62 due to health problems. Currently getting about $1,350/month which barely covers my rent and medications. My husband and I separated 26 years ago but never legally divorced (no financial reason to at the time). We have adult children but no shared property or assets. Here's the weird part - during our marriage, he could never hold a job for more than a few months while I worked multiple waitressing jobs to support our family and raise the kids alone. But I just found out from our kids that he's been steadily employed for the past 5 years at a good-paying job, and will likely get higher SS benefits than me when he retires in a few years (he's 60 now). Since we're still technically married, what happens with Social Security benefits? Would I get more by filing for spousal benefits when he retires? Or would I be better off finally getting divorced and claiming ex-spouse benefits? Or should I just wait until he passes away someday and claim survivor benefits? It feels wrong that after supporting our family alone, I might get less than him. Not looking for relationship advice - just trying to figure out the best financial strategy with Social Security.
18 comments


Amina Toure
Since you took benefits at 62, you're already locked into a permanently reduced benefit. I don't think divorce would help since you're already collecting. Just wait till he files and then you can get the higher of your benefit or half of his.
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Paolo Ricci
•Thanks for responding. So even though I'm already collecting my own reduced benefit, I could potentially switch to a spousal benefit if it would be higher? Do I need to do anything special to make that happen when he files?
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Oliver Zimmermann
This is a common misconception. Since you're still legally married, when your husband claims his retirement benefits, you'll be eligible for a spousal benefit that could be up to 50% of his Primary Insurance Amount (PIA). However, because you claimed your own benefits early at 62, any spousal benefits would be reduced. The SSA will automatically give you the higher of either your own reduced retirement benefit OR the reduced spousal benefit. You don't get both added together - it's one or the other. If you divorced now after being married more than 10 years (which you were), you'd still be eligible for ex-spousal benefits when he files, so divorce doesn't really change your Social Security situation at this point. If you outlive him, you would be eligible for survivor benefits equal to 100% of what he was receiving (as either a widow or divorced widow).
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Paolo Ricci
•This is really helpful, thank you! So basically there's no advantage to getting divorced now from a Social Security perspective since we were married well over 10 years? And I just wait until he files, then the SSA will automatically adjust my benefit if the spousal amount would be higher?
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Oliver Zimmermann
That's correct. From a purely Social Security standpoint, divorce doesn't change your benefit eligibility since you were married over 10 years. When he files for his retirement, you'll need to contact SSA to apply for the spousal benefit - it's not completely automatic. They'll then pay you whichever is higher: your own benefit or the spousal benefit (which would be reduced since you claimed early).
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CosmicCommander
•wait im confused... so shes better off STAYING married to him for SS purposes?? or does it not matter either way since they were married more than 10 yrs? my parents separated but never divorced and my mom always said it was for the social security but now im wondering if she was misinformed
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Natasha Volkova
YES I HAD THE EXACT SAME SITUATION!!!! And let me tell you the SSA makes it SO MUCH HARDER if you're divorced. When I tried to claim on my ex's record they kept loosing my paperwork and I had to provide our divorce decree THREE TIMES!!! So frustrating!! And they still messed up my payment amounts twice. If your still legally married its way easier because they already have you linked in their system.
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Paolo Ricci
•Oh no, that sounds like a nightmare! I definitely don't want to go through all that paperwork hassle, especially if there's no benefit to getting divorced at this point. Were you able to eventually get everything sorted out?
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Natasha Volkova
It took MONTHS to get it fixed. I spent hours on the phone trying to reach someone. Absolutely impossible to get through most days - would just get disconnected after waiting forever!!
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Javier Torres
•I had the same frustrating experience trying to reach SSA about my spousal benefits! Then I found this service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in under 20 minutes instead of waiting for hours or getting disconnected. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU - it saved me so much stress when dealing with my complicated spousal benefit situation.
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Emma Davis
Let me clarify some technical points about your situation: 1. Since you claimed your own retirement benefits at age 62, they were permanently reduced to approximately 75% of your full retirement age (FRA) benefit amount. 2. When your spouse claims his retirement benefits, you would be eligible for a spousal benefit of up to 50% of his full retirement benefit amount. However, because you claimed benefits early, your spousal benefit would also be reduced based on the number of months before your FRA that you claimed. 3. The SSA will pay you the higher of either your own reduced retirement benefit OR the reduced spousal benefit. This happens through a process called "deemed filing" where they essentially compare the two amounts. 4. Regarding divorce: Since you were married for more than 10 years, divorcing now would not negatively impact your ability to claim on his record. As a divorced spouse (after a marriage of 10+ years), you would still be entitled to the same spousal benefits. 5. Survivor benefits: If you outlive him, as either a widow or a divorced widow (from a 10+ year marriage), you would be eligible for survivor benefits equal to 100% of what he was receiving, and this would replace your current benefit if higher. The only potential benefit to remaining married in your situation might be slightly easier paperwork when applying for spousal benefits, but the actual dollar amount of benefits would be the same whether divorced or not.
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Paolo Ricci
•Thank you for breaking this down so clearly! So from what I understand, I should contact SSA when my husband files for his benefits to see if I'd get more from the spousal benefit. And there's really no financial advantage or disadvantage to getting divorced at this point, at least from a Social Security perspective?
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Malik Johnson
My sister was in almost the same situation!!! Her ex was a total deadbeat during their marriage but then got his act together after they split up. She waited until he retired and then applied for divorced spouse benefits. Got an extra $300 a month! But the paperwork was a NIGHTMARE! If your still married it's probably easier just stay that way unless theres other reasons to divorce.
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Paolo Ricci
•That's good to know about your sister - sounds very similar! $300 extra a month would make a huge difference for me. Did she have to keep checking with SSA to find out when her ex filed, or how did she know when to apply?
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Malik Johnson
She had to keep calling to check if he had filed yet. Total pain! Their kids didn't talk to him so she had no way of knowing. If your kids are still in touch with him, they can let you know when he applies for Social Security. Makes it easier!
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Emma Davis
To respond to your follow-up question - yes, you should contact SSA when your husband files for his benefits. There's no automatic notification system, so you'll need to either: 1. Ask your children to let you know when he mentions filing for Social Security 2. Contact SSA periodically starting around his 62nd birthday to check his filing status 3. Wait until he reaches his Full Retirement Age (probably 67 for someone who's 60 now) when he's more likely to file And you're correct that from a purely Social Security benefits perspective, there's no financial advantage or disadvantage to getting divorced at this point. The benefits calculation would be identical either way since you were married well over 10 years. The only practical difference is the documentation process - as a current spouse, the connection is already established in SSA's system, while as a divorced spouse, you would need to provide marriage and divorce documentation.
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Amina Toure
u know what tho, if ur husband is making good money maybe talkin to a lawyer bout a divorce and some spousal support might actually be worth it. just because ur separated dont mean ur not entitled to a share of his current income in some states. might be worth checkin on, just sayin
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Paolo Ricci
•That's an interesting point I hadn't considered. It's been so many years of complete financial separation that I never thought about that. Maybe I should at least consult with a lawyer about my options.
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