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Collecting Social Security ex-spouse benefits when she turns 62 - how does the timing work?

I'm confused about how ex-spouse benefits work with Social Security. I'm currently 67 and have been collecting my own retirement benefits since 70. My ex-wife is turning 62 next month, and we were married for 22 years before divorcing in 2010. I'm wondering if I can file for ex-spouse benefits based on her record even though she hasn't applied for her own benefits yet? Her earnings were always significantly higher than mine - she was an engineer while I worked in retail. From what I understand, her benefit amount will be considerably more than what I'm getting now, even if she claims early. Do I need to wait until she actually files for her benefits before I can claim on her record? Also, does she need to be notified if I do this? We're not exactly on speaking terms. Thanks for any help!

Justin Trejo

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I think ur getting this backwards. Ex-spouses can claim on YOUR record, not the other way around. My ex tried claiming on mine and SSA told him it doesnt work like that. Men claim on their own record, women can claim on ex-husband's record. thats how it works

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Alana Willis

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That's not correct. Social Security spousal benefits work the same regardless of gender. Either ex-spouse can claim on the other's record if they meet the requirements: marriage lasted 10+ years, claimant is 62+, divorced for at least 2 years (if the worker hasn't filed yet), and the benefit would be higher than their own. However, there's a misunderstanding in the original post too. You can only get spousal benefits if they're HIGHER than your own, and once you've started receiving your own retirement benefits, you can't switch to ex-spouse benefits unless they would pay more. Since you're already collecting your own benefits and you mentioned your ex-wife's benefit would be higher, you should contact SSA to see if you qualify for the differential.

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Tyler Murphy

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I went through something similar with my ex-husband's record. Here's what I learned: since you're already collecting your own benefits and you're past your Full Retirement Age (FRA), what you'd potentially receive is the difference between your current benefit and 50% of your ex-wife's Primary Insurance Amount (what she would get at her FRA). The good news is that since you've been divorced for more than 2 years, you CAN apply based on her record even if she hasn't filed for her own benefits yet. And no, she won't be notified - SSA keeps that information confidential. BUT - and this is important - if your own benefit is already higher than 50% of hers, you won't get anything extra. Ex-spousal benefits are max 50% of the worker's FRA amount.

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Marina Hendrix

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This is really helpful, thank you! So even though she earned significantly more than me, I'd only get 50% of her FRA amount? I'm currently getting about $1,850/month from my own record. Do you know if they automatically give you the higher amount, or do I need to specifically apply for the ex-spouse benefit?

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Sara Unger

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You need to specifically apply for the ex-spouse benefits. Social Security doesn't automatically check if you could get higher benefits on someone else's record. Also, important clarification: since you're already receiving your own retirement benefits, you'd get the higher of either your own benefit OR up to 50% of your ex-wife's full retirement age benefit (regardless of when she actually claims). At $1,850/month, your benefit is already fairly substantial. For you to receive additional money, your ex-wife's FRA benefit would need to be more than $3,700/month (so that 50% would exceed your current $1,850). That's possible for a high-earning engineer, but it would be on the higher end of Social Security benefits. You should definitely apply and check, though! If eligible, they'll give you the difference between your current benefit and the ex-spouse benefit amount.

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Dealing with Social Security is such a PAIN these days!! I tried calling about a similar ex-spouse question for WEEKS and couldn't get through. Either busy signals or disconnected after waiting an hour!!! SO FRUSTRATING!!!

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Freya Ross

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i got divorced after 9 years and 11 months and my ex told the judge to wait one more month so I could get ss benefits later but the judge wouldnt listen now im out of luck just one month short

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Tyler Murphy

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That's really unfortunate. The 10-year marriage requirement is strict with no exceptions, even when you're that close. Have you checked if your own benefit might be comparable or better anyway? Sometimes people worry about ex-spouse benefits when their own record would actually provide a similar or better amount.

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Alana Willis

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Just to add some clarification to the excellent advice you've already received: 1. The earliest anyone can receive ex-spousal benefits is age 62 (which you've already passed) 2. Since you've been divorced more than 2 years, your ex-wife doesn't need to have filed for her own benefits before you can claim on her record 3. Your potential benefit would be the greater of: your own benefit OR up to 50% of her full retirement age benefit amount 4. Since you're already receiving your own benefit, you would only get a "top-up" to reach the higher amount if 50% of her FRA benefit exceeds your current benefit 5. Your ex-wife's benefit is completely unaffected by your claim - her payments won't be reduced 6. She will NOT be notified if you file on her record The best approach is to contact SSA directly to verify if you qualify for additional benefits. Bring your divorce decree to prove the marriage lasted over 10 years.

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Marina Hendrix

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Thank you for laying everything out so clearly! I'll gather my documentation and contact the SSA. This has been really helpful.

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Justin Trejo

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wait so if he gets benifits from her record, does that mean her benefits get reduced?? thats not fair

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Alana Willis

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No, her benefits won't be reduced at all. That's an important point about Social Security - when an ex-spouse claims benefits on the other's record, it has absolutely no impact on the amount the worker (in this case, his ex-wife) receives. It's completely separate and doesn't reduce her benefit by even a penny. This is different from some other financial situations during divorce, where there might be a direct trade-off.

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Freya Ross

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my friend tried to do this but SSA said since he remarried he couldnt get his exwife's benefits anymore did you remarry?

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Marina Hendrix

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No, I never remarried after my divorce. That's a good point though - I've heard that remarriage can affect eligibility for ex-spouse benefits. I should have mentioned that in my original post.

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Tyler Murphy

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One thing nobody's mentioned yet: if you do qualify for additional benefits based on your ex-wife's record, you might be eligible for some retroactive benefits too. Since you're past your FRA, you could potentially get up to 6 months of back payments for the difference amount if it turns out you've been eligible for a while. Definitely bring this up when you talk to SSA. Every little bit helps with today's prices!

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Marina Hendrix

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I had no idea about potential retroactive benefits! That would be great if I qualify. Does anyone know if these conversations with SSA have to happen in person at the office, or can they be done over the phone? My nearest office is about 45 minutes away.

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Sara Unger

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You can definitely handle this by phone, especially with the proper documentation ready. When you call, be prepared with: 1. Your Social Security number 2. Your ex-wife's Social Security number (if you have it) 3. Your marriage certificate 4. Your divorce decree showing the marriage lasted over 10 years 5. Birth certificates for both of you If you don't have all of these, don't worry. SSA can often look up some of this information in their system. The most important document is your divorce decree proving the 10+ year marriage. If you prefer, you can also schedule an appointment at your local office using the SSA website. Some people find it easier to discuss complex benefit situations in person.

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Marina Hendrix

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Thanks for the checklist! I have most of these documents, but I don't have her Social Security number. I hope that won't be a problem. I'll try calling first and see if they can help me over the phone before making the trip to the office.

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