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Can my ex-spouse claim Social Security on my record without my knowledge? (Won't affect my benefits?)

I've been divorced for about 9 years now and I'm turning 63 next month. I'm planning to delay my own Social Security retirement benefits until I hit 70 to maximize my monthly amount. Recently at a family gathering, someone mentioned that ex-spouses can claim on each other's records, and now I'm wondering if my ex has possibly already filed for benefits based on my earnings. Not that I mind - I understand it shouldn't reduce my own benefit amount at all. But is there any way to find out if this has happened? Does the SSA notify you when an ex claims on your record? Or is that information confidential? Again, I'm mostly just curious since I know it won't impact what I'll get at 70. But the thought that someone might be drawing benefits based on my work history without my knowledge feels a bit strange.

Miguel Ramos

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No, there's no way for you to know if your ex is claiming on your record. SSA considers this private information and won't notify you or provide this info if you call and ask. It truly has zero impact on your benefits - your ex claiming doesn't reduce your amount at all. It's completely separate accounting in the SSA system. And just FYI - your ex can only claim spousal benefits on your record if: - You were married at least 10 years - They haven't remarried - They're at least 62 - You're entitled to benefits (meaning you've filed for your own benefits OR you're at least 62 and your ex is at least 62 and you've been divorced for at least 2 years) So if you haven't filed yet, your ex can only claim if you've been divorced for 2+ years and you're both at least 62, which sounds like the case for you.

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Ava Martinez

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Thanks for that detailed explanation! Yes, we were married for 15 years and I don't think he's remarried (not certain though). So he could be collecting on my record right now since we've been divorced over 2 years and we're both over 62. It just feels weird not knowing, but I'm relieved it won't affect my benefits when I claim at 70.

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QuantumQuasar

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my ex wife is getting benefits from my SS and i found out when her STUPID BOYFRIEND called me to brag about it!!! they think its hilarious that shes getting $$$ based on my work while shes living with this loser!!! the system is BROKEN

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Miguel Ramos

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That's unfortunate about the call, but just to clarify - if your ex-wife is living with someone but not married to them, she can still legally claim on your record if you were married 10+ years. The SSA doesn't consider living together the same as remarriage. Only an actual legal remarriage would stop her eligibility.

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Zainab Omar

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I wondered the same thing last year! I called SSA and they told me they can't disclose if my ex is claiming on my record due to privacy policies. The agent did confirm that it has absolutely zero effect on my benefit amount though. Are you sure about waiting until 70? That's 7 years of no income from SS. Have you done the break-even calculations? For most people, the break-even point is around 80-83 years old. If you don't live that long, you would have been better off claiming earlier.

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Ava Martinez

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Yeah, I'm pretty set on waiting till 70. My family tends to be long-lived (parents both made it to 90+), and I'm still working part-time so I don't need the income yet. Plus, I'm more worried about outliving my savings than maximizing the total payout. But you make a good point about the break-even analysis - maybe I should double-check my numbers again.

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This is why I'll never get married again! The government just takes from those who earn and gives to those who don't. Why should your ex get anything from YOUR hard work? Ridiculous system.

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Yara Sayegh

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That's not really how the spousal benefit system works. It was designed because traditionally one spouse (usually the wife) would sacrifice career advancement to raise children or maintain the household. The spousal benefits recognize that contribution to the family unit. Besides, the spousal benefit is only 50% max of the worker's benefit and doesn't reduce the worker's amount at all.

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If you really want to know if your ex is claiming on your record, you can try using Claimyr to get through to a SSA agent quickly (claimyr.com). They have a video showing how it works: https://youtu.be/Z-BRbJw3puU I used their service last month when I couldn't get through about my disability application. The SSA agent won't tell you directly if your ex is claiming, but they might give you some hints about your record that could help you figure it out. Worth a try if you're really curious.

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Ava Martinez

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Thanks for the suggestion! I might try that service if my curiosity gets the better of me. Did you find it easy to use? I've been trying to call SSA directly a few times but always end up in endless hold or getting disconnected.

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Super easy to use. I was connected to an agent in about 15 minutes after weeks of trying to get through on my own. Just remember they have privacy rules, so they might not directly tell you about your ex's benefits, but sometimes you can read between the lines from how they answer.

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Paolo Longo

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My sister went through something similar... she's 68 and her ex is 63. She found out he was claiming on her record when his new girlfriend (who works at the bank) mentioned it to my sister's daughter at the grocery store! Total privacy violation but that's small town life for ya lol. Anyways, it literally had zero impact on my sister's benefits amount, so try not to worry about it.

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Miguel Ramos

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One thing to keep in mind - if your ex hasn't claimed yet but does so in the future, they might get a higher benefit from their own record depending on their earnings history. The SSA will pay whichever is higher: their own retirement benefit or the spousal benefit (which maxes out at 50% of your PIA). So don't assume they'll automatically claim on your record even if eligible.

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Ava Martinez

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That's a good point I hadn't considered. My ex earned quite a bit less than me during our marriage (lots of career transitions), so I'm guessing the spousal benefit would be higher, but who knows what happened after our divorce. Thanks for pointing that out!

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Yara Sayegh

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Does your ex know that you're delaying until 70? Because if they're collecting on your record while you're delaying, they're only getting the benefit calculated on your PIA at your full retirement age, not the increased amount you'll get at 70. Just FYI.

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Miguel Ramos

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This is an excellent point that often gets overlooked. Ex-spouse benefits are based on the worker's PIA (Primary Insurance Amount) at FRA (Full Retirement Age), not the enhanced amount from delayed credits. So your decision to wait until 70 doesn't increase what your ex might receive.

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