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Oliver Wagner

Can my remarried ex-husband still collect Social Security benefits based on my earnings record?

I just found out something that's really bothering me. My ex-husband (divorced 8 years now) started collecting Social Security benefits last year at 62 - that's before his full retirement age. I earn substantially more than him, so he's apparently collecting based on MY earnings record! The thing is, I'm pretty sure he was already remarried when he applied. Can he even DO that? I thought remarriage would disqualify him from claiming on my record. Does anyone know the rules about this? I'm not eligible to collect for another 4 years myself, so it feels unfair that he's already benefiting from my higher earnings while I'm still working full-time.

Yes, your ex-husband CAN collect on your record even if remarried - BUT only if his current marriage occurred after he turned 60. The remarriage rule for divorced spouse benefits has this important exception. If he remarried before age 60, then no, he couldn't collect on your record. Also, you need to have been married for at least 10 years before the divorce for him to be eligible for ex-spouse benefits. His early claiming (before FRA) means he's getting a reduced benefit amount - around 70-75% of what he'd get at full retirement age.

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Oliver Wagner

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Thanks! We were married for 15 years, so that part qualifies. He remarried at 58 though, not after 60. Does that mean he SHOULDN'T be able to collect on my record? Should I report this to SSA?

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If he got remarried before 60 he CAN'T collect on your record. somebody messed up. My brother tried to do this and SSA told him NO WAY when they found out he was remarried at 55.

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I agree with this assessment. If he remarried at 58, he should NOT be eligible to collect benefits on your record. There might be some confusion or misunderstanding about what benefits he's actually receiving. He might be collecting on his own record, not yours, and someone misinformed you about the source of his benefits.

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Emma Thompson

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This happened to my friend! Her ex was collecting on her record when he shouldn't have been eligible. You need to CALL SSA directly to report this. It might take several tries to get through though - their phone lines are always jammed. Took my friend 3 days of calling to finally reach someone who could help. Once she got through, they investigated and fixed it.

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Malik Davis

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I had a similar issue and was getting nowhere trying to call SSA directly. Spent literally weeks trying. Then I found this service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in under 10 minutes. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU. After I got through, the agent was able to look up my situation and fix the problem right away. Much better than wasting days redialing!

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I think you're misunderstanding something important here. Are you SURE he's collecting on your record? Because SSA doesn't notify you when an ex claims on your record, and it doesn't affect your benefits at all. How did you find out he was collecting on your record specifically? Also, is it possible he's collecting survivor benefits from another deceased spouse? Those have different remarriage rules.

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Oliver Wagner

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He actually told my daughter, who then told me. He was bragging about how he was getting "the good money" because of my "big salary." He's never been widowed, so it's definitely not survivor benefits. I'm going to call SSA and see what's really going on.

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StarStrider

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the ssa rules r so confusing!!! my ex tried 2 claim on my record even tho we were only married 8 yrs and they rejected him. then he tried again saying we were married 10 yrs (lie!!!) and somehow it went thru until i found out and reported him. definitely call them!!!!!

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Emma Thompson

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Just to clarify some misunderstandings I'm seeing: If your ex remarried before age 60, he CANNOT receive benefits on your record UNLESS that subsequent marriage has also ended (by death, divorce, or annulment). Could his second marriage have ended recently? That would make him eligible again. Also, his claiming on your record has ZERO impact on your future benefits - you'll still get your full amount when you claim.

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Oliver Wagner

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That's a relief about my own benefits! And no, as far as I know, he's still married to his second wife. He and my daughter are still in contact occasionally, and she's mentioned his current wife several times recently.

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Ravi Gupta

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I handled a similar situation for a client last year. Here's what you need to know: 1. Divorced spouse benefits require 10+ years of marriage (you had 15, so that's met) 2. If he remarried before 60 and is STILL in that marriage, he is NOT eligible for benefits on your record 3. It's possible he's receiving benefits on his OWN record and misrepresented the situation to your daughter 4. Or there could be an actual error at SSA Either way, this won't affect your benefits at all. But if he's incorrectly receiving benefits he's not entitled to, SSA would want to know. When you call, request to speak with a Title II Claims Specialist specifically, as they handle retirement and divorced spouse benefits.

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So what happens if SSA finds out he's been getting benefits he shouldn't? Will they make him pay it ALL back? My cousin had to pay back like $12,000 when they found out he was working over the earnings limit!!

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To answer the question about repayment - yes, if SSA determines he received benefits he wasn't entitled to, they will assess an overpayment and he'll have to pay it back. However, if he can prove he accepted the payments in good faith and didn't know he was ineligible, he might be able to request a waiver of recovery of the overpayment. But those are hard to get approved unless there's genuine financial hardship.

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Oliver Wagner

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Thank you all for the helpful information! I tried calling SSA this morning but couldn't get through after waiting for over an hour. I'll try again tomorrow and might try that Claimyr service if I can't get through. I'm still working and have decent income, so I'm not worried about my own benefits, but it bothers me if he's getting something he's not entitled to. I'll update once I learn more about what's actually going on.

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Malik Davis

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Definitely give us an update! I'm curious what you find out. And yeah, don't waste days trying to get through - that Claimyr service saved me SO much frustration.

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Just wanted to add some perspective from someone who works in benefits administration - this situation is actually more common than you might think. SSA processes millions of claims and sometimes errors do slip through, especially with complex eligibility rules like divorced spouse benefits. When you do get through to them, be prepared with specific information: your ex-husband's full name, approximate date he started receiving benefits, and the fact that he remarried before age 60 while still married. Also, don't be surprised if the first representative you speak with needs to transfer you to someone more specialized - divorced spouse benefit rules are tricky and not all front-line staff are fully trained on them. The good news is that once you report a potential issue, they take it seriously and will investigate thoroughly.

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Yuki Nakamura

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This is really helpful advice! I'm new to navigating SSA issues and wasn't sure what information I'd need to have ready. I'll definitely write down all those details before I call. It's reassuring to know that errors do happen and they take reports seriously. I was worried they might think I was just being vindictive toward my ex, but it sounds like they're used to handling these kinds of situations. Thanks for the insider perspective!

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