Can my ex-spouse get increased Social Security benefits based on my earnings record?
I need some help figuring out Social Security benefits between ex-spouses. My situation: I was married for 22 years, been divorced for 14 years now. My ex-husband had a steady job at an engineering firm, worked there for about 30+ years before retiring, and started claiming his SS at 62 (he's 67 now). I worked in healthcare administration, just retired last summer, but I'm planning to delay taking my benefits until I hit my full retirement age at 66 and 8 months to maximize what I get. Here's my question: once I start collecting my Social Security, can my ex-husband get any kind of increase by claiming on my record? I've heard about spousal benefits after divorce, but everything I read talks about the lower-earning spouse claiming on the higher earner's record. In our case, I think our earnings might have been similar, though I probably had higher income in my last 10 years. Does anyone know if he can get some kind of "bump up" based on my earnings when I start collecting?
19 comments
Sophia Carson
The simple answer is yes, but only if your benefit amount would be higher than his current benefit. Since he already filed at 62, he's receiving a permanently reduced benefit (about 30% less than his full retirement age amount). When you file, he could potentially get an increase IF 50% of your full retirement age benefit is higher than what he's currently getting. For example, if your full retirement age benefit is $3,000 and his current benefit is $1,400, then he could get a boost because 50% of yours would be $1,500. But remember, this doesn't affect your payment at all - you'd still get your full amount.
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Ana Erdoğan
•Thank you for that clear explanation! So it depends on whether 50% of my benefit would be higher than what he's already getting. That makes sense. Do you know if he would need to apply for this increase, or does SSA automatically check and adjust his benefit when I file?
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Elijah Knight
my cousin went through something similar!! her ex tried to claim on her record but SSA told him he couldn't get anything extra because his own benefit was already higher than what he'd get as an ex-spouse. they don't just give extra money to exes for no reason lol
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Brooklyn Foley
•Same with my sister! Her ex tried this and got denied. The SSA rep told her that once you choose to take your own benefits early, you're pretty much locked in at that lower amount. Something about "deemed filing" I think?
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Jay Lincoln
I want to clarify something important here. Since your ex-husband has already filed for his own retirement benefits, he would only receive the higher of either his own benefit or the spousal benefit (which is up to 50% of your FRA benefit amount). He does NOT get both. Also, because he filed early at 62, any spousal benefits he might be eligible for would also be reduced based on when he originally filed. This is called the "deemed filing" rule. One more crucial point: He would need to contact SSA himself to check if he qualifies for the increased amount. The SSA does NOT automatically check this or notify him when you file. Many people miss out on higher benefits because they don't realize they need to apply for this adjustment.
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Jessica Suarez
•This is EXACTLY right. I worked for SSA for 20+ years and you'd be amazed how many people don't know they need to contact us when an ex files. We don't track your exes and automatically adjust benefits! AND since he filed early at 62, even if he does qualify for some ex-spousal benefits, they'll be permanently reduced. The reduction factors are different for retirement vs. spousal benefits too (different percentages). Bottom line: he should contact SSA directly when you file.
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Marcus Williams
does anyone know if theres a way to find out what your exs benefit amount is????? i dont talk to mine and have NO IDEA if i should file on his record or mine????????
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Jay Lincoln
•There's no way to see your ex's benefit amount - that's private information protected by federal law. You would need to talk to an SSA representative directly. They can check your eligibility for both retirement benefits on your own record and ex-spousal benefits without revealing your ex's specific information. Then they'll tell you which option gives you the higher amount.
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Lily Young
The entire system is RIGGED against those of us who paid into it our whole lives!!! I bet you anything they'll find some loophole to deny your ex any increase. My ex tried to get benefits on my record after our divorce and the SSA put him through ENDLESS hoops, asking for marriage certificates from 30 YEARS AGO and making him prove things over and over. They just don't want to pay people what they deserve after taking our money for DECADES!!!!
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Elijah Knight
•wow that sounds awful! did he ever get it sorted out? my aunt had to bring in her marriage certificate too but they accepted a copy she had
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Lily Young
•After FOUR visits and THREE appeals they finally approved it, but by then he'd lost almost 8 months of the higher payment!!! And of course NO BACKPAY for their mistakes!!
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Sophia Carson
To address your follow-up question - he absolutely needs to contact SSA when you file. They won't automatically check or adjust anything. This is a common misunderstanding about how the system works. And here's something else to consider: if you're delaying until 66+10 months, you'll get almost 108% of your full retirement benefit. However, if your ex tries to claim on your record, he'll only get up to 50% of your FULL retirement amount (not the increased amount), and that's before any reductions for his early filing.
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Ana Erdoğan
•Thank you for that clarification! So even though I'm waiting to maximize my benefit, any spousal benefit he might get would be based on my regular FRA amount, not the increased amount. That makes a big difference in the calculation.
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Jessica Suarez
I see a lot of confusion in this thread about ex-spouse benefits. Let me try to straighten things out: 1) For your ex to get benefits on your record, you must have been married at least 10 years (you were - 22 years) 2) He can only get ex-spousal benefits if they're higher than his own current benefit 3) The maximum he could get is 50% of your FRA benefit amount 4) Since he took benefits at 62, any spousal benefits would be reduced 5) He would need to apply for this himself - it's not automatic Have you tried calling SSA directly? I know their phone lines are nearly impossible to get through, but I recently used a service called Claimyr (claimyr.com) that got me through to an agent in about 20 minutes instead of spending days trying. They have a video showing how it works here: https://youtu.be/Z-BRbJw3puU An SSA agent can look at your specific earnings records and give you a more precise answer about whether your ex might qualify for an increase based on your record.
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Ana Erdoğan
•Thank you for breaking this down so clearly! I haven't tried calling SSA yet because I've heard the wait times are horrendous. I'll check out that service you mentioned - getting through in 20 minutes sounds much better than waiting for hours or getting disconnected. I appreciate the suggestion!
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Brooklyn Foley
Just wondering - does it matter if either of you has remarried? I thought that affected ex-spouse benefits somehow...
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Jay Lincoln
•Great question! If the person claiming ex-spousal benefits has remarried, they generally cannot collect on their former spouse's record unless their current marriage has also ended. However, the person whose record is being claimed on (in this case, the original poster) can remarry without it affecting their ex-spouse's ability to claim on their record. So if OP has remarried, it wouldn't affect her ex's potential benefits, but if her ex has remarried and is still married, he wouldn't be eligible for benefits on her record.
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Ana Erdoğan
Thank you all for the helpful information! I've learned a lot. To answer the question about remarriage - I never remarried, but I believe my ex did about 5 years ago. Based on what you're all saying, it sounds like he wouldn't be eligible for any benefits on my record since he's currently married to someone else. I think I'll still contact SSA before I file just to make sure I understand everything correctly. The Claimyr service sounds like a good way to avoid the frustrating wait times. Thanks again everyone!
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Sophia Carson
•You've got it exactly right - since your ex has remarried, he cannot claim benefits on your record while that marriage is in effect. So this whole question is actually moot! But contacting SSA before you file is still a good idea to make sure you're maximizing your own benefits correctly. Good luck!
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