Claiming SS at 62 - divorced spousal and survivor benefits questions after 20-year marriage

Yes, you absolutely can claim divorced spousal benefits as long as you were married 10+ years and aren't currently remarried. You can also receive divorced survivor benefits when your ex passes away. Here's how it works: 1) When you claim at 62, you'll get your own reduced retirement benefit ($1,450) 2) If your ex has already filed for his benefits, you can immediately apply for the divorced spousal benefit. If he hasn't filed yet but is eligible, you can still get divorced spousal if you've been divorced 2+ years. 3) The spousal "top-up" at your FRA would be 50% of his PIA minus your PIA. But since you're claiming early, both your retirement and spousal benefits are reduced. 4) When he passes away, you can switch to survivor benefits, which would be up to 100% of what he was receiving if you're at your FRA. If you take survivor benefits early, they're reduced. The length of divorce doesn't matter as long as it's been 2+ years if he hasn't filed yet.

My friend went thru this exact thing!!! She took SS at 62 and got way less then she woulda got if she had waited. Think it was like 30% less forever!! Then her exhusband died last yr and they only gave her like 82% of his benfit because she took her own early. Total mess, the SSA makes all this so confucing!!!

To clarify: Yes, if you take your own benefit at 62, your spousal top-up will be reduced. The spousal benefit reduction is based on when YOU claim, not when your ex claims. For survivor benefits, there's a separate reduction schedule. If you take survivor benefits at your FRA, you get 100% of his benefit. If you take survivor benefits early, they're reduced (but on a different scale than retirement benefits). However - and this is important - if you're already receiving reduced benefits when your ex passes away, you don't automatically get the full survivor amount. The reduction follows a complex formula based on when you started your own benefits and when you switch to survivor benefits.

i got divorced after 22 years too. been trying to figure this out. SSA website makes no sense to me. can we really get our exes benefits while they're still alive? that doesnt seem right????

Let me try to simplify this for you. The Social Security system has three potential benefits for divorced spouses: 1) Your own retirement benefit - reduced by 30% if taken at 62 2) Divorced spousal benefit - up to 50% of ex's PIA if taken at your FRA (less if taken earlier) 3) Divorced survivor benefit - up to 100% of ex's benefit amount if taken at your FRA (less if taken earlier) When filing, Social Security automatically gives you the higher of #1 or the combined #1+#2. You don't get to choose. Based on your numbers ($1,450 at 62, ex gets $3,000), you might get a small spousal top-up once you qualify. But the survivor benefit will likely be much more significant when that time comes. The 20+ years divorced status doesn't matter except it's well past the 2-year requirement, so you're good there.

good luck getting accurate info from SSA on this!! I spent 3 WEEKS trying to talk to someone about my ex-spouse benefits and kept getting disconnected or waiting 2+ hours on hold only to be told wrong information. finally found this service called Claimyr (claimyr.com) that got me through to an agent in 20 minutes after I'd tried for weeks. They have this video showing how it works https://youtu.be/Z-BRbJw3puU - saved me so much time and frustration. The SSA agent I spoke with was actually really helpful once I got through - confirmed I could get survivor benefits on my ex-husband's record even though we'd been divorced for almost 25 years.

The SSA rules are RIDICULOUS and they make it nearly impossible for regular people to understand their benefits!!! I'm in the exact same boat - divorced after 18 years, took my benefit at 62 (big mistake!!), and then found out my ex was making WAY more than me. The SSA people told me THREE DIFFERENT THINGS when I called about spousal benefits. One said I wasn't eligible because we'd been divorced too long (WRONG!), another said I had to wait until my ex filed (ALSO WRONG if divorced 2+ years), and the third finally got it right. The whole system is designed to CHEAT US out of benefits we EARNED!!

To answer your follow-up question: Yes, you can switch to survivor benefits when your ex passes away even if you've been collecting your own reduced benefit for years. But there's a key detail to understand. The survivor benefit would be based on 100% of what your ex was actually receiving when he died (not necessarily the $3,000 you mentioned - that amount could be higher if he delayed benefits or lower if he claimed early). However, since you claimed your own benefit early at 62, your survivor benefit might be reduced somewhat depending on your age when you switch. SSA uses a complex calculation called the RIB-LIM rule for this situation. The reduction isn't as severe as it would be if you claimed survivor benefits directly at 62, but there is some impact. For the most accurate calculation, you should contact SSA directly with both your and your ex's specific information.

One important thing to consider: You mentioned your ex-husband's benefit at full retirement age is around $3,000. If he delays taking his own benefit until age 70, his benefit could increase to approximately $3,720 per month (8% per year increase for delaying). If he then passes away, your survivor benefit would be based on that higher amount, which could significantly increase your monthly payment if you're able to receive the full survivor benefit. This is why understanding all aspects of these rules is so important for long-term planning. Many divorced people don't realize how much their former spouse's claiming decisions can affect their own future benefits.

Reading all these responses has me totally confused still. Can someone just answer simply: if I take my SS at 62 and my ex-husband has higher benefits, will I automatically get the higher spousal amount when I'm eligible? Or do I have to apply separately for the spousal benefit?

Thank you all for the responses. This has been incredibly helpful. I've learned I can definitely get both divorced spousal benefits (as a top-up if eligible) and later survivor benefits despite being divorced for over 20 years. But I need to apply separately for each benefit - nothing happens automatically. I'm going to call the SSA to get my specific numbers and see what kind of spousal top-up I might qualify for. Sounds like the survivor benefit later could be substantial, especially if my ex delays claiming until 70 (though I have no way to know his plans). That RIB-LIM rule sounds concerning though - I'll make sure to ask specifically how taking my benefit at 62 will affect future survivor benefits.

Just wanted to add one more thing that might help with your decision - you mentioned being 62 and planning to take benefits early. Have you considered whether you'll still be working? If you're planning to work while collecting Social Security before your full retirement age, you could hit the earnings test limit ($22,320 for 2024). If you earn more than that, they'll reduce your benefits by $1 for every $2 you earn over the limit. This applies to both your own retirement benefits AND any divorced spousal benefits you might receive. The earnings test goes away once you reach full retirement age, but it's something to factor into your timing decision. Also, when you do call SSA, ask them to run scenarios showing your benefit amounts at different claiming ages (62, full retirement age, and 70) so you can see the long-term impact of claiming early versus waiting. Sometimes seeing the actual dollar differences over your lifetime can help with the decision.

I'm in a somewhat similar situation and found this thread really helpful! One thing I wanted to add is that you might want to double-check whether your ex-husband has already filed for benefits. If he has, you can apply for divorced spousal benefits immediately. But if he hasn't filed yet, you'll need to have been divorced for at least 2 years (which you definitely have been since 2001). Also, I learned the hard way that SSA doesn't always volunteer information about all the benefits you might be eligible for. When you call, specifically ask about "divorced spousal benefits" and "divorced survivor benefits" - don't just ask about "ex-spouse benefits" generally. The terminology matters and can help ensure you get complete information. One more tip: if you do decide to take your benefits at 62, make sure to ask SSA to put a note in your file about your interest in future divorced spousal and survivor benefits. This can help streamline the process when you're ready to apply for those additional benefits later.