Can I switch to ex-spouse Social Security benefits at 76 after taking reduced benefits at 62?
Hi everyone, I need some help figuring out my Social Security options. I took my retirement benefits early at 62 (I know, I know - but I needed the money then) so I'm receiving a reduced amount. I'm now 76 and still getting by on that reduced benefit. My ex-husband and I were married for 14 years before splitting up, and he waited until he was 70 to start collecting his SS benefits. He's also 76 now and still working part-time. I never remarried after our divorce. I just found out from my neighbor that I might be eligible to collect based on my ex's work record instead of my own? Is this true even though I'm already collecting my own benefits? His earnings were much higher than mine throughout our careers, so his benefit is substantially larger. Can I switch to getting benefits based on his record at this point, or did I miss some deadline because I've been collecting my own for 14 years already? I'm completely confused about how this works!
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Elijah Knight
Yes, you're eligible for divorced spouse benefits since you were married over 10 years, haven't remarried, and are both over 62. The good news is the fact that you're already collecting doesn't disqualify you. SSA will automatically give you the higher amount - either your own benefit or up to 50% of your ex's full retirement amount. Call SSA at 1-800-772-1213 to discuss your options and see if switching makes financial sense in your situation.
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Sophia Carson
•Thank you so much! That's a relief to hear. Do you know if they'll pay me the difference retroactively for the years I've been getting the lower amount? I've been on my reduced benefit for 14 years now.
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Brooklyn Foley
Same boat!! Been divorced 22 yrs and didnt know I could get his SS till last year when my sister told me. Mine was tiny cause i mostly worked part time when kids were little, his is WAAAAY bigger. Had to bring marriage certificate and divorce papers to the office. Got approved in like 3 weeks. Now getting almost $800 more each month!!!! Wish i knew sooner!!
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Jay Lincoln
•WOW thats a big difference! did they give u any back pay for the months u didn't know about it??
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Brooklyn Foley
•No backpay at all!! They said i shoulda applied earlier and its not their job to tell us what were eligible for. So mad about that part but still happy with the extra $$ now at least.
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Jessica Suarez
This is a common misunderstanding about divorced spouse benefits. To clarify some points: 1. You can receive up to 50% of your ex-spouse's primary insurance amount (PIA) - which is what he would get at his full retirement age, not what he's currently receiving with his age 70 delayed credits. 2. Since you're already receiving your own reduced retirement benefit, SSA will pay your own benefit first, then supplement with additional divorced spouse benefits if that would give you a higher total amount. 3. There is no retroactivity beyond 6 months for divorced spouse benefits, regardless of when you became eligible. 4. The fact that your ex is still working doesn't affect your eligibility for divorced spouse benefits. I strongly recommend contacting SSA directly to have them calculate the potential increase. At your age, this could mean significant additional income over your lifetime.
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Sophia Carson
•Thanks for the detailed explanation. I'm a bit disappointed about the retroactivity limit, but still hopeful this might increase my monthly check. By any chance, do you know if I need to provide my divorce decree when I contact them? I'm not sure where my copy is after all these years.
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Jessica Suarez
•Yes, you'll need to provide documentation of both your marriage (marriage certificate) and divorce (divorce decree). If you don't have copies, you can obtain them from the county clerk's office where these events occurred. Some counties now offer online ordering of these documents, which is much faster than requesting by mail. SSA needs these to verify the length of marriage and that you haven't remarried.
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Marcus Williams
my mom tried to do this and the SSA people kept telling her wrong info!! she called like 5 times and got 5 different answers. finally she just gave up. the whole system is so confusing!
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Lily Young
•I had the same experience trying to get answers about my disability benefits. Every time I called I got completely different information. I finally found a service called Claimyr that got me through to an SSA agent in under 10 minutes instead of waiting on hold for hours. You might want to check out their video here: https://youtu.be/Z-BRbJw3puU - their website is claimyr.com. It was worth it just to avoid the frustration of being disconnected after waiting for hours. I was able to get a knowledgeable agent who actually resolved my issue.
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Kennedy Morrison
I think there's some confusion here about the benefit amounts. If you started collecting at 62, you're getting about 75% of your full retirement benefit. When you apply for divorced spouse benefits, you can get UP TO 50% of your ex's full retirement amount, but it's reduced because you took benefits early. And they'll only pay you the difference if that amount is higher than your current benefit. So if your ex-spouse's full retirement age benefit is $3,000, his 50% would be $1,500, but since you took benefits early, you'd get less than that - probably around $1,100-1,150. If your current benefit is less than that, they'll supplement up to that amount. If your benefit is already higher, you won't get any additional amount. It's definitely worth checking into, but don't get your hopes up for a huge increase. Good luck!
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Sophia Carson
•Thank you for explaining this. I'm starting to understand better now. My current benefit is around $1,175 per month. My ex-husband was an engineer with a good salary, so I suspect his benefit is quite a bit higher than mine, even at the reduced rate. I'll definitely check with SSA to see if I qualify for any supplement.
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Jay Lincoln
u should of waited till your full retirement age to collect!! my brother in law made this mistake and now hes stuck with the lower amount forever
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Sophia Carson
•I know that now, but I didn't have much choice at the time. I had some health issues and couldn't continue working. I needed the income right away.
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Elijah Knight
•While waiting until FRA would have provided a higher benefit, many people need to claim early due to circumstances beyond their control. The good news is that divorced spouse benefits can provide a significant boost even after claiming early. This is exactly why the SSA has these provisions - to help people maximize their benefits regardless of when they initially claimed.
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Brooklyn Foley
My cousin is going thru this exact thing!!! She got denied first time cuz the person didnt understand the rules. Had to go back AGAIN and talk to someone else. Got approved the 2nd time. So if they say no, try again with different person!!
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Sophia Carson
•That's really good to know. I'll make sure to be persistent if I get any pushback. Did your cousin have to go to the office in person or was she able to do it over the phone?
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Brooklyn Foley
•She went in person both times. Took all her paperwork with her. The 2nd person actually knew the rules better and helped her fill everything out right. She said going to a bigger office in the city worked better than the small town one.
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Jessica Suarez
One additional important point: if your ex-spouse has passed away (which doesn't appear to be the case here, but for others reading), you might be eligible for divorced survivor benefits which can be up to 100% of what your ex-spouse was receiving, rather than the 50% for divorced spouse benefits when the ex is still living. This is a significant difference that many divorcees aren't aware of. For the original poster, since your ex waited until 70 to claim, his benefit includes delayed retirement credits. However, as a divorced spouse, your potential benefit is based on 50% of his primary insurance amount (what he would get at full retirement age), not including those delayed credits. The reduction for your early claiming would still apply to any divorced spouse benefit you might receive.
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Kennedy Morrison
•This is a really important distinction that isn't well understood. The 100% survivor benefit versus the 50% spousal/divorced spouse benefit makes a huge difference in financial planning. And you're absolutely right about the delayed retirement credits - they don't factor into spousal benefits but DO increase potential survivor benefits. Great information for anyone in this situation.
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