Can I switch to ex-husband's higher Social Security benefit at 68 if we were married 10+ years?
I started collecting Social Security early at 62 back in 2019 because of some health problems that made it hard to keep working. I'm now 68 and getting by on about $1,450 monthly. My ex-husband (we were married for 12 years before divorcing in 2003) just turned 66 and is filing for his full retirement benefit this month. I heard from a friend that I might be able to get some of his benefit since we were married more than 10 years, even though he's still alive. Is this true? He made a lot more money than I did throughout our careers, so his benefit is probably higher. Can I switch to a portion of his benefit while he's still living? If so, do I need to notify him or will this affect his payment amount at all? I'm confused about the whole ex-spouse benefit thing.
16 comments
Megan D'Acosta
Yes, you can potentially claim ex-spousal benefits since you were married over 10 years. You would be eligible for up to 50% of his full retirement age benefit. However, because you already filed for your own benefits early, you're subject to the 'deemed filing' rules. This means SSA will only pay you the higher of either your own reduced benefit or the ex-spousal benefit. If 50% of his FRA amount is higher than what you currently receive, you'll get the difference added to your current benefit. And no, this won't reduce his benefit or require notifying him - SSA handles everything confidentially.
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Samantha Howard
•Thank you so much! That makes sense. Do I need to make an appointment with SSA to apply for this? What documents should I bring?
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Sarah Ali
I went thru the same thing! Got benefits at 62 then found out my ex was getting WAY more. Called SS and got an extra $320/month! They backdated it 6 mths too. Def worth checking into
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Samantha Howard
•That's encouraging! Did you have to provide your divorce papers when you called them?
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Ryan Vasquez
If you're already receiving your own retirement benefit, you must contact SSA to apply for the ex-spouse benefit - it's not automatic. You'll need your divorce decree, marriage certificate, and your ex's Social Security number (if you have it). If not, they can usually find him in their system with his full name and date of birth. Remember that the maximum you can receive is 50% of his PIA (Primary Insurance Amount), and that's only if you had waited until your FRA. Since you claimed early, your spousal benefit will be permanently reduced as well. The good news is that if you qualify for additional benefits, SSA can sometimes provide up to 6 months of retroactive payments.
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Samantha Howard
•Thank you for the detailed explanation. I appreciate knowing exactly what I need to bring to SSA. I still have our divorce decree somewhere, but not sure about the marriage certificate. Would my ex's SSN be on the divorce papers?
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Avery Saint
My sister tried this last year and got denied becuz her husband remarried. Does your ex have a new wife? That might affect things
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Megan D'Acosta
•That's actually incorrect information. An ex-spouse's remarriage has NO effect on your ability to claim divorced spouse benefits. Only YOUR remarriage would affect eligibility (if you remarry, you generally can't collect on an ex-spouse's record). The ex-spouse can be married multiple times and it doesn't impact your right to claim on their record as long as you remain unmarried.
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Taylor Chen
I spent THREE DAYS trying to reach someone at Social Security about this exact situation!!! Their phone system is a NIGHTMARE and I kept getting disconnected after waiting for hours. Finally I found this service called Claimyr (claimyr.com) that got me connected to a real SSA agent in about 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU - it was seriously worth it to not waste any more days trying to get through. The agent confirmed I was eligible for additional benefits on my ex's record and helped process it right away.
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Samantha Howard
•Thanks for the tip! I tried calling SSA yesterday and gave up after being on hold for an hour. I'll check out that service if I can't get through tomorrow.
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Keith Davidson
Sorry to jump in with my situation, but this thread is super helpful! I'm 64 and divorced after 22 years marriage. My ex started his SS last year. I haven't filed for my own benefit yet - would I get more by waiting until 67 for my own or taking his 50% now? My PIA would be about $2100 if I wait until my full retirement age.
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Ryan Vasquez
•With a PIA of $2100, you should absolutely wait to claim your own benefit! The ex-spousal benefit maxes out at 50% of his PIA, which would likely be less than your own $2100. In your case, waiting until your FRA to claim your own retirement would almost certainly be more advantageous than taking the spousal benefit early.
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Samantha Howard
Update: I finally got through to SSA this morning! The representative confirmed I'm eligible for additional benefits based on my ex-husband's record. They're going to add about $270 to my monthly payment going forward. They also said they'd backdate it for 6 months. Thank you all for your help - I never would have known to ask about this without this community!
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Sarah Ali
•Congrats!! That's awesome news! So happy for you 😊
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Ezra Bates
I don't understand why Social Security makes these rules so complicated!!! Nobody ever tells you about these benefits until it's almost too late. Why don't they automatically check if you qualify for ex-spouse benefits when you apply? The whole system is designed to keep us from getting our full benefits IMO.
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Megan D'Acosta
•I understand the frustration, but SSA handles millions of beneficiaries with limited staff. They don't always have records of marriages and divorces unless you provide that information. That's why it's important to ask specifically about all potential benefits you might qualify for when applying, including divorced spouse benefits.
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