Confused about spousal benefits calculation with prior 10+ year marriage - does ex-spouse factor in?
I'm planning to file for Social Security at 63 next month since the WEP repeal finally passed. I know I'll take an age reduction, but without WEP penalties cutting my benefit further, it makes financial sense for me now. My question is about spousal benefits and prior marriages. I've been married to my current husband for 12 years, and it appears my own retirement benefit will be higher than 50% of his PIA. But I was previously married for 11 years to someone who earned substantially more than both of us. Does my ex-husband's earnings record factor into my benefit calculation at all? Logic tells me no since I'm currently married, but Social Security rules aren't always intuitive. I'd rather not involve my ex in any way if possible (the divorce wasn't pleasant), but I also don't want to leave money on the table if I'm entitled to more. Does anyone know how this works? Can you potentially receive benefits based on an ex-spouse's record even while currently married to someone else?
18 comments


Raj Gupta
You're right that SS rules aren't always intuitive, but in this case, they're pretty clear. You CANNOT receive benefits on an ex-spouse's record if you are currently married. The only way you could receive benefits on your ex's record would be if your current marriage ended (either by divorce or death) AND you remained unmarried after that. So with your current 12-year marriage, your ex-spouse's earnings won't factor in at all. You'll receive either your own retirement benefit OR 50% of your current husband's PIA, whichever is higher. Hope that helps clarify things!
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Ava Williams
•Thank you so much for the quick response! That's exactly what I thought but wanted to be sure. I'm actually relieved since I didn't want to have to deal with getting any information from my ex.
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Lena Müller
my sister went thru something similar last yr and they told her the same thing cant get ex spouse benefits if currently married dont even matter how long the marriages were
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Ava Williams
•Thanks for sharing your sister's experience. Good to know I'm not the only one who's wondered about this!
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TechNinja
Just so you know, there are some exceptions to the remarriage rule when it comes to survivor benefits (not spousal). If you're collecting survivor benefits from a deceased spouse and remarry after age 60, you can continue receiving those survivor benefits. But that doesn't apply to your situation since you're talking about spousal benefits, not survivor benefits, and your ex is presumably still alive. Also, a note about WEP - make sure you understand exactly how the repeal is being implemented. It's being phased out gradually over time, not all at once. Depending on when you're planning to claim, you might still face some WEP reduction, just not as severe as before.
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Ava Williams
•Thanks for the additional information! Yes, I've been following the WEP repeal details closely. I know it's being phased out gradually, but even with the partial reduction in my case, the math works out better to claim at 63 than waiting longer. I've done a lot of calculations with my pension amounts factored in.
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Keisha Thompson
I'VE BEEN DEALING WITH SOCIAL SECURITY FOR 3 YEARS NOW AND THEY CONSTANTLY GIVE MISINFORMATION!!! Just last month they told me one thing at the office and something COMPLETELY different on the phone. It's RIDICULOUS how their own employees don't understand their own rules sometimes. But regarding your question - they're right that you can't claim on an ex while married. BUT when your current husband passes away (sorry to be morbid), you could potentially switch to survivor benefits from either your current husband OR your ex-husband (if he passes away too), whichever is higher. So keep that in mind for long-term planning.
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Paolo Bianchi
•wow thats really good to know about the survivor benefits options! never thought about that angle
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Yara Assad
I'm a retired financial planner who specialized in Social Security strategies. Everyone has given you correct information about not being able to claim on an ex-spouse while currently married. However, I want to caution you about claiming at 63 just because the WEP repeal passed. The WEP phase-out is gradual (10% reduction of the penalty each year), and you're still taking a permanent 20% reduction by claiming at 63 instead of your full retirement age. Have you calculated your break-even point? For many people, waiting until at least FRA (66+) is still financially advantageous in the long run, even with the WEP relief. I'd recommend getting a detailed calculation done before making your decision.
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Ava Williams
•I appreciate your expert perspective! Yes, I have done break-even calculations considering my health history (which isn't great) and my pension income. In my specific case, claiming at 63 maximizes my lifetime benefits according to multiple scenarios I've run. I'm just trying to tie up loose ends like this spousal benefit question before filing.
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Olivia Clark
ive been trying to reach SSA for WEEKS about my own benefit question and cant get through!! phones just disconnect after holding forever and my local office is booked 3 months out. how is anyone supposed to get answers??
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Paolo Bianchi
•Try Claimyr (claimyr.com) - it got me through to a real person at SSA after weeks of trying on my own. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Basically they call and wait on hold for you, then call you when they get an agent. Saved me hours of frustration when I had questions about my disability application.
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TechNinja
To summarize what everyone's saying: 1. You CANNOT receive benefits on an ex-spouse while currently married 2. You'll get either your own benefit or 50% of your current husband's PIA (whichever is higher) 3. Survivor benefits have different rules (which don't apply now but might in the future) One more thing to consider - if your own benefit is already higher than the spousal benefit from your current husband, filing early at 63 only reduces YOUR retirement benefit, not any potential spousal benefit. So that's another factor that might make filing at 63 more attractive in your specific situation.
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Ava Williams
•Thank you for this clear summary! That's a good point about my own benefit being reduced with early filing but not affecting potential spousal benefits. I've factored that into my calculations as well.
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Lena Müller
my neighbor said you could get benefits from multiple spouses but i guess thats wrong from what everyone here is saying?
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Raj Gupta
•Your neighbor is completely wrong. You can never receive benefits from multiple spouses simultaneously. You can only receive one benefit - the highest one you're eligible for. The SSA will always pay your own retirement benefit first, and then supplement it if a spousal or survivor benefit would be higher.
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Paolo Bianchi
congrats on figuring out ur ss strategy! ive been putting off even thinking about it bc its so confusing lol. good luck with ur application!!
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Ava Williams
•Thanks! It definitely took me months of research to figure out what works best for my situation. My advice is to start looking into it earlier than you think you need to - there are so many rules and exceptions to understand!
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