Ex-spouse Social Security benefits when I'm 62 but ex is only 59 - do I have to wait?
I'm trying to understand the rules for claiming Social Security benefits based on my ex-husband's record. I'm 62 now and would like to file, but my ex is only 59 years old. Do I have to wait until he reaches 62 before I can claim ex-spouse benefits? Also, does he need to file for his own benefits before I can claim on his record? We were married for 23 years before divorcing 4 years ago, and I know there's that 10-year marriage requirement which we definitely meet. I'm getting confused with all the different rules and don't want to leave money on the table! Thanks in advance for any help.
13 comments
Butch Sledgehammer
You can claim ex-spouse benefits when YOU are 62 (which you are), as long as you've been divorced for at least 2 years (which you have). Your ex does NOT need to file for his own benefits first. That's one of the big advantages of divorced spouse benefits compared to current spouse benefits. The only requirement is that your ex must be at least 62, so you'll need to wait 3 more years until he reaches that age. When you do file, remember that filing before your own Full Retirement Age means you'll get a reduced benefit amount.
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Sara Unger
•Thank you for explaining! So I have to wait 3 more years until he turns 62? That's disappointing. I was hoping to start collecting something sooner. Is there any way to get my own retirement benefits now and then switch to the ex-spouse benefit later when he turns 62, if that would be higher?
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Freya Ross
When u file for benefits at 62, SSA automatically gives you whichever is higher - your own benefit OR the spousal benefit. But like the other person said, you gotta wait till your ex is 62 too. Also, filing at 62 means you get a permanently reduced amount - like 30% less than waiting till your full retirement age which is probably around 67 for you. Just something to think about!!
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Sara Unger
•Thanks for that info. I didn't realize the reduction was so significant. I'm wondering if I should just wait now. My full retirement age is 67. Is there any calculator that can help me figure out if it's better to take reduced benefits at 62 or wait longer?
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Leslie Parker
I had a similar situation and found some important details you should know. Yes, you must wait until your ex reaches 62, but there's more to consider: 1. When you file, you'll be deemed to be filing for ALL benefits you're eligible for (your own and ex-spouse benefits) 2. At 62, you'll receive a significantly reduced benefit - approximately 30% less than at your Full Retirement Age (FRA) 3. The ex-spouse benefit maximum is 50% of your ex's Primary Insurance Amount (PIA), but reduced further if you claim early 4. If your own benefit exceeds the ex-spouse benefit, you'll just get your own I recommend creating a my Social Security account at ssa.gov to see your own estimated benefit amounts at different ages. This helps with planning. Also consider your health, other income sources, and life expectancy when deciding when to file.
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Sergio Neal
•just wanted 2 add that calling SSA is IMPOSSIBLE these days!!! i tried for 2 weeks straight and either got disconnected or was on hold 4ever. ended up using this service called Claimyr (claimyr.com) that got me through to an agent in like 20 mins. they have a demo video here: https://youtu.be/Z-BRbJw3puU - was worth it to get my questions answered by a real person instead of guessing!
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Savanna Franklin
My sister tried claiming on her ex at 62 and regretted it. The reduction is permanent! Have you considered working a few more years? The difference between 62 and 67 is HUGE in terms of monthly checks.
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Juan Moreno
I think everyone is making this more complicated than necessary. The rules are simple: 1. You must be 62 (check) 2. Your ex must be 62 (not yet) 3. You must have been married 10+ years (check) 4. You must be divorced 2+ years (check) So you have to wait until he's 62. Period. And YES, filing at 62 means a PERMANENT reduction of about 30% compared to your Full Retirement Age benefit. This applies whether you're claiming your own benefit or an ex-spouse benefit. Also, forgot to mention - your benefit as an ex-spouse is capped at 50% of your ex's full benefit amount (and then reduced further if you claim early). So if your own work record would give you more than 50% of his benefit, the ex-spouse benefit doesn't help you anyway.
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Amy Fleming
•Not totally true!!! My friend's ex was on disability and she was able to claim on his record even though he wasn't 62 yet. There are exceptions but you need to talk to SSA directly about your specific situation.
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Butch Sledgehammer
To answer your question about switching benefits - under current rules, if you file at 62 for your own retirement, when your ex turns 62, SSA will automatically give you the higher of the two benefits. If the ex-spouse benefit would be higher, they'll supplement your own benefit to reach that amount. But remember both benefits would be reduced for claiming before your FRA. One scenario to consider: If your own benefit at FRA would be higher than your ex-spouse benefit, you might be better off waiting to file for your own benefit. The increase for waiting (about 8% per year from FRA to 70) only applies to your own benefit, not ex-spouse benefits.
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Sara Unger
•Thank you for this thoughtful explanation. I think I need to carefully calculate what my benefit would be at different ages. My work history has been spotty since our divorce so I'm not sure if my own benefit would be higher than the ex-spouse benefit.
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Savanna Franklin
Do you have any other income? If not, might be worth just taking at 62 despite the reduction. Money now is sometimes better than more money later!
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Sara Unger
Thanks everyone for all this great information! I think I'm going to hold off filing until I can get a clearer picture of what my benefit amounts would be. I'm working part-time now, so I can manage for a while longer. I'll definitely check out creating that my Social Security account to see the estimates. And thanks for the Claimyr tip - might use that to actually speak with someone about my specific situation!
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