Confused about Social Security ex-spouse benefits amount at 62 - three different answers from SSA
I'm trying to figure out ex-spouse Social Security benefits and getting different answers everywhere! Here's my situation: I'll be turning 62 in March 2025 and considering early retirement because of ongoing health issues (not disability-qualifying though). My ex-husband turns 70 around the same time and will likely start collecting then. We were married for 17 years, divorced amicably, and neither of us remarried. His benefit is estimated at $5,750/month at age 70. Even half of that ($2,875) would be significantly more than what I'd get on my own record at 62 or even at my full retirement age. Here's where I'm confused. I thought I could: 1. Apply for my own reduced retirement at 62 2. Then immediately apply for ex-spouse benefits to get the difference between my benefit and half of his 3. Since he'll be 70 (past FRA), I thought I'd get half of his benefit regardless of MY age (as long as I'm at least 62) But I've now gotten three completely different explanations: - Phone rep #1 said I can get the full 50% of his FRA amount if I wait until MY full retirement age - Phone rep #2 said I'll get a reduced amount based on MY age - In-person agent just totally confused me saying it's based on BOTH our benefit amounts at age 66 and "ends up being the same either way" (?!?!) Can anyone clarify how this actually works? If I take benefits at 62, can I still get some of his higher amount? And should I still file for ex-spouse benefits even if there's no immediate advantage, just to be connected to his record if he passes away before me? This is so frustrating! Thank you for any help!
18 comments
Nina Chan
The in-person agent gave you incorrect information. Here's how ex-spouse benefits actually work: 1. To claim on an ex-spouse's record, you need to have been married 10+ years, be unmarried now, and be at least 62 (which you meet all these requirements). 2. If you claim at your FRA (probably 67 for you), you get 50% of his PIA (Primary Insurance Amount - what he gets at his FRA, not his age-70 amount). 3. If you claim before your FRA, your spousal benefit is reduced based on YOUR age - approximately 30% reduction at age 62 instead of 50%. 4. You don't get your benefit PLUS spousal. SSA gives you the higher of either your own benefit or the spousal benefit. It's not additive. 5. Since your ex is turning 70, you don't need to wait for him to file - that's only required if he's under FRA. You should definitely apply for both your retirement and divorced spouse's benefits simultaneously. SSA will calculate and pay whichever is higher. And yes, establishing this connection now means if he passes away, you can transition to survivor benefits (which would be higher).
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Douglas Foster
•Thank you so much for explaining! So if I understand correctly, if I apply at 62, I'll get about 30% of his PIA (not his age-70 amount)? Do you happen to know if that 30% is of his original PIA, or is it 30% of the 50% I'd be entitled to at my FRA? I'm not sure if that makes sense the way I worded it.
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Ruby Knight
This is soooo confusing! I went through something similar and kept getting different answers too. I think what happens is you get your own benefit PLUS the difference to get you up to the spousal amount, but the spousal amount is reduced if you're under FRA. It's like they do all these calculations behind the scenes and just give you one check. They made me fill out two separate applications when I did it - one for retirement and another for divorced spouse benefits. Be prepared with your marriage certificate and divorce decree!!!!
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Nina Chan
•That's not quite right. You don't get your benefit PLUS anything. Social Security gives you the higher of either your own benefit or the ex-spouse benefit, not both combined. But yes, you'll need to complete two applications, and definitely bring your marriage and divorce documentation. Also, it helps to bring your ex's SSN if you have it, though they can usually find it without it.
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Diego Castillo
Let me clarify how this works, as I'm a retired financial planner who specialized in Social Security strategies: 1. At 62, you'll receive approximately 70% of your own PIA (reduced for early filing) 2. For divorced spouse benefits at 62, you'd receive approximately 35% of your ex's PIA (not his age 70 amount). This is because the 50% spousal benefit is reduced for early filing on YOUR part. 3. SSA will pay your own benefit first, then supplement it if the spousal portion is higher. It's not additive - you don't get both. Example with simplified numbers: - Your PIA (at your FRA): $2,000 - Your benefit at 62: ~$1,400 - His PIA (at his FRA, not age 70): $4,000 - Spousal benefit at your FRA: $2,000 (50%) - Spousal benefit at 62: ~$1,400 (35%) In this example, you'd just get your own benefit since they're equal. But if your own benefit at 62 was only $1,000, you'd get your $1,000 plus $400 to reach the $1,400 spousal amount. And yes, establishing the connection now makes transition to survivor benefits simpler if he predeceases you.
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Douglas Foster
•Thank you! That makes so much more sense now. I didn't realize they base it on his PIA (at his FRA) rather than his age 70 benefit amount. That changes my calculations completely. I think I need to get a clear statement of what my own PIA is and what my reduced benefit at 62 would be, then compare that to 35% of his PIA. Very helpful!
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Logan Stewart
My sister just went through this exact thing last year! The SSA reps are ALWAYS giving different info, it's maddening! One thing nobody mentioned yet - if you have health issues but they're not disability-level, have you considered taking your own benefit at 62 but delaying the spousal claim until your FRA? I think you can do that... or maybe not anymore with the new rules? Ugh this stuff is sooo complicated
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Diego Castillo
•That strategy (filing for one benefit type while delaying another) was eliminated with the 2015 Bipartisan Budget Act. Now when you file for any retirement benefit before FRA, you're deemed to be filing for all benefits you're eligible for. This is called "deemed filing." So unfortunately, no - the original poster cannot take just her own benefit at 62 and then switch to the full spousal benefit at FRA. When she files at 62, she'll be deemed to have filed for both, and will receive the higher of the two reduced amounts.
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Mikayla Brown
quick question - does the ex have to be collecting SS for you to get ex spouse benefits? my ex is 68 but still working and hasnt filed yet so im wondering if that affects me
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Nina Chan
•If you've been divorced for at least 2 years, your ex does NOT need to be collecting for you to claim on their record. If it's been less than 2 years since the divorce, then yes, they need to have filed first. This is actually one advantage of being divorced versus currently married - a current spouse must file first before spousal benefits can be claimed, regardless of how long you've been waiting.
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Sean Matthews
I went through this nightmare last year when trying to figure out my divorced spouse benefits. Called SSA multiple times and waited HOURS only to get different answers every time. I finally got so frustrated I used a service called Claimyr (claimyr.com) that got me connected to an SSA agent in about 20 minutes instead of the 2+ hour wait I was getting before. The agent I finally spoke with was really knowledgeable and explained everything clearly. She even put notes in my file so when I went to apply, the claims specialist had all the correct information. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Definitely worth it to get an agent who can actually help sort through all this confusion with definitive answers about YOUR specific situation rather than general information.
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Douglas Foster
•Thank you for suggesting this! After all the conflicting info, I think I really need to speak with someone knowledgeable at SSA who can look at my specific numbers. Those wait times are so discouraging - I'll definitely check this out.
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Ali Anderson
THE SSA DOESNT EVEN KNOW THEIR OWN RULES!!!!! i spent 6 MONTHS going back and forth with them on my ex-spouse benefits and got a different answer EVERY SINGLE TIME!!! its criminal how they treat us after we paid into the system our whole lives!!!! one agent told me i could get 75% of my exs benefit which wasnt even possible! when i finally got approved it was WAY less than what 3 different people told me id get. DONT TRUST WHAT THEY SAY OVER THE PHONE!!!
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Logan Stewart
•OMG I know right?? My mom had the same experience! She ended up having to contact our congressman's office to get it straightened out after getting 4 different answers from SSA. Maybe try that if you keep getting the runaround?
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Nina Chan
Just to add some important information that hasn't been mentioned yet: when you apply, make sure you specifically ask for the "Restricted Application for Divorced Spouse Benefits" form if that's what you want. Sometimes the representatives don't automatically offer this option. Also, when calculating the benefit amounts, remember that your ex's PIA is what he would receive at his FRA (probably 66+some months for his age cohort), NOT what he will receive at 70 with delayed retirement credits. The 50% spousal benefit (or reduced amount if you claim early) is based on his PIA amount, not his age-70 increased amount. Even with those clarifications, I would strongly recommend getting a benefits calculation directly from SSA for your specific situation, as everyone's earnings history creates unique scenarios.
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Ruby Knight
•Wait I thought restricted applications went away with that law change years ago?? Can divorced spouses still file restricted applications?? I'm so confused!!!
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Diego Castillo
To clear up some confusion about restricted applications: 1. For most people born after January 1, 1954, restricted applications are no longer available due to the deemed filing rules established in the 2015 Bipartisan Budget Act. 2. There is no special "Restricted Application for Divorced Spouse Benefits" form anymore - when you apply for any retirement benefits before FRA now, you're automatically deemed to have applied for all benefits you're eligible for. 3. The confusion stems from transitional rules that applied to people born before January 2, 1954, who could still use restricted application strategies. But those individuals are all past FRA now (70+ in 2024). For the original poster turning 62 in 2025, deemed filing rules apply. When she files, SSA will calculate both her own retirement benefit and her divorced spouse's benefit (both reduced for early filing), and pay whichever is higher - not both.
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Douglas Foster
•Thank you for clarifying this! It makes sense that I'd be under the new rules since I'm turning 62 in 2025. So I'll automatically be considered for both benefit types when I apply, and they'll give me whichever amount is higher. I guess my next step is getting an accurate benefit estimate for both calculations so I can plan accordingly.
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