Can my ex claim Social Security spousal benefits through my work record at 62?
I'm getting worried about my retirement situation. I just turned 62 and still working full-time, but thinking about my Social Security options. My ex-husband filed for his SS benefits last year. We were married 23 years before divorcing in 2014. I've heard rumors about ex-spouses being able to claim some kind of 'top-up' benefit using their former spouse's work record. Is this actually true? We've been divorced for 11 years now, and don't really communicate. Would he even know if I filed? Do I have to wait until my Full Retirement Age (67 for me) to get the maximum amount? Everything I read online is so confusing about this!
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Isabella Santos
Yes, you may be eligible for ex-spousal benefits based on your former husband's record! Since you were married for over 10 years (the minimum required is 10) and haven't remarried, you qualify. At 62, you can file for reduced ex-spousal benefits, but be aware they'll be permanently reduced by about 30% from what you'd get at your FRA. If your own retirement benefit would be higher than the spousal benefit (50% of his PIA), you should probably wait. The SSA will automatically give you whichever is higher when you file.
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Malik Johnson
•Thank you! This is the first clear answer I've found. So I don't need his permission or for him to even know I'm applying? And what does PIA mean exactly? Sorry for the basic questions.
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Ravi Sharma
Your ex absolutely does NOT need to know you filed!!! I did this last year. They don't contact him or anything. SSA keeps everything separate. You just need his SSN or birthdate when you apply so they can find his record. I was so worried about this too but it was fine. Filing was pretty easy but waiting for approval took FOREVER.
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Freya Larsen
•thats right! ex never knows. my sister did this 2 yrs ago, her ex had no idea. they don't notify them at all
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Omar Hassan
Be carful about taking benefits at 62!! You get a PERMANENT reduction. My sister did this and big regrets now. If your own benefit is bigger you might be throwing money away by filing early. Do you know if your work history will give you more than half your ex's benefit? thats the important question nobody is asking here!
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Malik Johnson
•I honestly don't know which would be higher. I've worked consistently but never made great money. He was a project manager making around 90k when we divorced. Is there any way to find out which would be better without actually applying?
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Chloe Taylor
This is a situation where you want to understand your options clearly. Since you're divorced after a 23-year marriage and aren't remarried, you qualify for ex-spousal benefits. At 62, you have three options: 1. File for your own reduced retirement benefits now (about 70% of your FRA amount) 2. File for reduced ex-spousal benefits now (about 35% of his PIA instead of the 50% you'd get at FRA) 3. Wait until your FRA to get full ex-spousal benefits (50% of his PIA) PIA stands for Primary Insurance Amount - basically his full retirement benefit amount. The most important thing: check which amount would be higher - your own benefit or the ex-spousal benefit. The SSA will pay the higher amount, but filing early permanently reduces either one. You can call SSA to get an estimate of both amounts before deciding.
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Malik Johnson
•This is incredibly helpful, thank you! I think I definitely need to find out which benefit would be higher before making any decisions. Is there any disadvantage to waiting until my FRA?
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Omar Hassan
this is confuseing for everyone don't feel bad. did your ex already start his SS? because i think he has to be getting bennefits before you can claim on his record. thats what happened with my aunt - she had to wait for her ex to file first before she could get anything. not sure if thats still the rule.
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Chloe Taylor
•This rule changed in 2016. Now ex-spouses can file based on the former spouse's record even if they haven't filed yet, as long as both are eligible for benefits (62+) and have been divorced at least two years. The two-year waiting period doesn't apply if the ex has already filed.
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ShadowHunter
I dealt with this exact situation last year after struggling to reach anyone at Social Security for TWO MONTHS. Eventually I found a service called Claimyr (claimyr.com) that got me connected to an SSA agent in about 15 minutes. The agent explained all my ex-spouse benefit options and helped me decide if filing at 62 was worth it. They have a video showing how it works here: https://youtu.be/Z-BRbJw3puU. For me it was totally worth it because I needed specific answers about my situation that I couldn't find online.
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Freya Larsen
•did this actually work? i cant ever get thru to ss on the phone, just get disconnected after waiting forever
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Diego Ramirez
My situation was similar but I'm a husband who claimed on ex-wife's record. I worked government job with pension so my SS was tiny due to WEP reduction. Ex-spousal benefit was way better! BUT my advice is do NOT take it at 62 unless you absolutely need the money. I lost 30% FOREVER by claiming early!!! Huge regret now. If I waited til 67 I'd have $580 more EVERY MONTH!
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Malik Johnson
•That's really good perspective, thank you. I do have some savings so I could potentially wait if the numbers make sense.
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Ravi Sharma
UGH dealing with SSA is THE WORST!!! I spent 6 weeks trying to get through about my widow benefits last year! Keep calling their 800 number at EXACTLY 8:00am when they open. That's the only way I ever got through. And sometimes I'd wait 2 hours then get disconnected right when someone picked up!!!!
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ShadowHunter
•That's exactly why I ended up using that Claimyr service. After getting disconnected three times after hour-long waits, I was done with the traditional approach. I needed answers about my specific situation and couldn't wait weeks for an appointment.
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Isabella Santos
One important correction to what others have said: When you file at 62 for ex-spousal benefits, you'll receive approximately 32.5% of your ex's PIA (not 35%). This is because spousal/ex-spousal benefits at 62 are reduced by 35% from the full 50% you'd receive at your FRA. I'd recommend creating a my Social Security account online if you haven't already. There you can see your estimated retirement benefit. Then call SSA to find out what your ex-spousal benefit would be. Compare both reduced amounts at 62 and both full amounts at your FRA to make an informed decision.
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Malik Johnson
•I do have a my Social Security account and can see my personal estimated benefits. I'll call to ask about the ex-spousal estimate. Thank you for the correction on the percentage - every bit of accuracy helps when making such an important decision!
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