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

I'm planning to take my Social Security at 62 (I know it's reduced for life), but I'm confused about what happens later with my ex-husband's benefits. We were married for 23 years and divorced in 2001. Never remarried. I've heard conflicting things about whether I can get a "spousal top-up" if his benefit is higher than mine, and then survivor benefits when he passes away. Does being divorced affect these options? My estimated benefit at 62 would be around $1,450/month, and I think his at full retirement is probably over $3,000. Can someone explain what I'm actually eligible for and when? Also, does it matter that we've been divorced for so long (over 20 years now)?

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.

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Thank you so much! I'm still a bit confused about the spousal benefit calculation. So if I take my own reduced benefit at 62, and then later apply for the spousal top-up, will the top-up also be permanently reduced because I claimed my own benefit early? Or is the spousal part based on when I apply for it?

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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!!!

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Oh no, that's concerning! So taking my own benefit early affects the survivor benefit too? I was really counting on getting his full amount when he passes. Do you know if your friend tried to get the spousal benefit while her ex was still alive or just waited for the survivor benefit?

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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.

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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????

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Yes, you absolutely can get benefits based on your ex-spouse's record while they're still alive - it's called a divorced spousal benefit. As long as you were married 10+ years, are currently unmarried, and both you and your ex are at least 62, you qualify. Your ex doesn't even have to be collecting yet if you've been divorced for at least 2 years. The best part: your ex will never know you're claiming on their record, and it doesn't reduce their benefit at all. It's completely separate.

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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.

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Thank you for breaking it down like that! Makes more sense now. So when he passes away, can I switch to the survivor benefit even if I've been taking my own reduced benefit for years? And would my survivor benefit then be based on his full $3,000?

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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.

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does that really work? i've been trying to get thru for days!!!

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It absolutely worked for me! After wasting days on hold, I got through in less than 20 minutes. The agent answered all my questions about my ex-spouse benefits that I couldn't figure out from the website. Way better than waiting hours just to get disconnected.

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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!!

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That's so frustrating! Did you eventually get the spousal top-up? Was it a significant amount? I'm worried about going through all this hassle if the increase would only be a small amount.

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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.

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RIB-LIM rule is sooooo confusing!! My cousin got caught by this and got way less than she thot she would when her exhusband died. SSA should make this stuff easier to understand!!

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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.

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That's a really good point! I have no idea what his plans are for claiming. We don't communicate at all. Is there any way to find out when he claims or what his benefit amount is? Or will I only find out when I apply for the spousal benefit?

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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?

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You need to apply separately for the divorced spousal benefit - it's not automatic. When you apply, SSA will calculate if you're eligible for additional spousal benefits beyond your own retirement benefit. If your own benefit amount plus any applicable spousal top-up is higher than just the spousal benefit alone, that's what you'll receive. And yes, you'll need to apply separately again for survivor benefits when the time comes. Nothing in the Social Security system happens automatically - you always need to apply.

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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.

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Good luck with calling SSA! Just be prepared for long wait times. If you get frustrated with trying to get through, remember that Claimyr service I mentioned. It saved me hours of waiting and helped me get exactly the information I needed about my ex-spouse benefits.

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