Can I really claim Social Security benefits on my ex-spouse? Divorce was 7 years ago

Yes, ex-spouse benefits are absolutely legitimate! The rule is that if you were married for at least 10 years, you can claim on your ex-spouse's record if that would give you a higher benefit than your own record. You'll get up to 50% of their FRA benefit amount if you wait until your own full retirement age to claim. Your ex won't know you've applied, won't need to approve anything, and their benefits won't be reduced at all. It's completely separate from divorce agreements because Social Security is a federal program with its own rules - not considered a marital asset that gets divided in divorce proceedings. I've helped many clients through this exact situation. It's not taking anything away from anyone - you contributed to their earnings during those 12 years through your marriage partnership.

My sister went thru this last yr. She was married 22 yrs and got divorce in 2010. She gets almost $1400 a month on her ex husbands record even tho they havent talked in years lol. SSA doesnt care about your divorce decree its federal benefit

Just to add some important details: if you claim ex-spouse benefits early (before your FRA), they will be permanently reduced, just like your own retirement would be. At 62, you'd get approximately 32.5% of your ex's PIA instead of the full 50%. Also important - if you've remarried, you generally cannot collect on an ex-spouse's record unless your current marriage has also ended. And one more thing to consider: if your own retirement benefit would eventually be higher than the ex-spouse benefit, you might want to strategize about which to claim when. The SSA will only pay the higher of the two amounts, not both combined.

I went through the EXACT same situation last year. Called SSA like 15 times and kept getting disconnected or waiting 3+ hours only to be told they couldn't help me with ex-spouse benefits questions without an appointment, but no appointments were available for months!! Finally I tried Claimyr.com and got through to SSA in less than 10 minutes. They have this service where they call SSA for you and connect you once an agent is on the line. Saved me hours of frustration. You can see a video of how it works here: https://youtu.be/Z-BRbJw3puU The SSA rep I spoke with was super helpful and confirmed I was eligible for my ex's benefit since we were married 11 years. They just needed my marriage certificate and divorce decree to process everything.

This is why the system is BROKEN!!! Why should someone get benefits from an ex spouse they haven't contributed to in YEARS?? My ex never worked a day during our marriage and now gets half my SS?? Meanwhile I'm still working at 65 cuz benefits are too low. Government theft if you ask me.

@profile5 you don't need anything from your ex! Just your marriage license + divorce papers. They dont even tell your ex your claiming on there record. My sister said it took like 20 min at the SSA office

To answer your question about switching benefits - the rules changed after the Bipartisan Budget Act of 2015. For someone turning 62 next year, you unfortunately can't file for just ex-spouse benefits and then switch to your own later. When you file, you're deemed to be filing for all benefits you're eligible for, and you'll receive whichever is higher. This means you need to think carefully about timing. If you claim at 62, both your own retirement benefit and the ex-spouse benefit will be permanently reduced. If your own benefit would grow to be larger than the ex-spouse benefit by age 70 (due to delayed retirement credits), you might consider waiting. I'd recommend creating an account at my.ssa.gov if you haven't already. You can see your own estimated benefits there. For a comparison with ex-spouse benefits, you may need to speak directly with an SSA representative.

i got divorced in 2001 after 9 years 11 months marriage and SSA wouldnt let me claim on ex husband. they are SUPER strict about the 10 year rule, even 1 month short and your out of luck. double check your exact marriage dates

One more thing I think is important to mention: If your ex has remarried but you haven't, you can still claim on their record. Their current marriage has no impact on your eligibility. Also, you can claim even if your ex hasn't filed for their own benefits yet, but they must be eligible for benefits (at least 62) and you must have been divorced for at least two years. Lastly, taking ex-spouse benefits doesn't create any notification or paperwork for your ex, and they'll never see any reduction in their own benefits. The SSA handles everything independently.

my neighbor tried to do this and SSA lost her marriage certificate TWICE!! took her 8 months to get approved. make copies of EVERYTHING and don't let them keep originals!!