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.
20 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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Diego Flores
One thing I didn't see mentioned - make sure you understand the earnings test if you're still working! If you file at 62 and earn more than $22,320 in 2024, Social Security will reduce your benefits by $1 for every $2 you earn above that limit. This applies until you reach your Full Retirement Age. Since you mentioned working part-time, this could affect your decision on when to file. The good news is that any benefits withheld due to the earnings test aren't lost forever - SSA will recalculate your benefit at FRA to give you credit for those withheld months.
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Edwards Hugo
•This is really helpful - I had no idea about the earnings test! I'm making about $18,000 a year part-time right now, so I'd be under that limit. But it's good to know that if I pick up more hours or get a raise, it could impact my benefits. The fact that those withheld benefits aren't permanently lost is reassuring too. Thanks for bringing this up - it's another factor I need to consider in my timing decision!
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Nina Chan
Just wanted to add a perspective as someone who went through this exact situation 3 years ago. I was 62, my ex was 58, and I was so frustrated having to wait! But looking back, I'm glad I used that time to really understand my options. A few things that helped me: 1. I requested my Social Security Statement annually to track how my benefit estimates changed as I continued working part-time 2. I also requested my ex's earnings record through SSA (you can do this as a divorced spouse) to get a better estimate of what his PIA might be 3. I discovered that my state offers free retirement counseling through the aging services department - they helped me run different scenarios The waiting period actually worked in my favor because I was able to increase my own benefit by continuing to work those extra years. When I finally filed at 65 (after my ex turned 62), my own benefit ended up being higher than the ex-spouse benefit anyway! Don't feel like you have to rush into a decision. Use this time to gather information and maybe even boost your own earnings record a bit more.
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Lilah Brooks
•This is such valuable advice, Nina! I really appreciate hearing from someone who was in the exact same situation. The idea of requesting my ex's earnings record is something I hadn't thought of - that would definitely help me get a clearer picture of what his PIA might be. And I had no idea states offered free retirement counseling! I'm going to look into what's available in my area. It sounds like you made the most of those waiting years by continuing to build your own benefit. That gives me hope that this delay might actually work out better for me in the long run. Thanks for sharing your experience!
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Evelyn Martinez
I want to echo what Nina said about using the waiting time productively! I'm a retired benefits specialist and I always advised clients in similar situations to think of those "waiting years" as an opportunity rather than just dead time. A few additional suggestions: Consider if you qualify for any other benefits during this waiting period - things like spousal benefits from a current spouse if you've remarried, or even checking if you might qualify for disability benefits if you have any health issues. Also, keep detailed records of your current part-time earnings because those final years can sometimes bump up your lifetime average earnings calculation. One more tip: When you do eventually file, make sure to specifically ask SSA to explain both benefit calculations to you. Sometimes there are nuances in how they calculate the ex-spouse benefit versus your own that aren't immediately obvious. Having that conversation upfront can prevent surprises later!
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Oliver Becker
•Thank you so much, Evelyn! Your advice about treating this as an opportunity rather than dead time is exactly the mindset shift I needed. I hadn't considered that I might qualify for other benefits in the meantime - that's definitely worth exploring. The tip about asking SSA to explain both calculations when I do file is gold - I can see how those nuances could make a real difference in understanding what I'm actually getting. It's reassuring to hear from someone with professional experience that there are productive ways to use these waiting years. I'm feeling much more positive about my situation now!
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StarSailor}
I'm in a very similar boat - turned 62 last month and my ex won't be 62 for another 2 years! Initially I was frustrated about having to wait, but after reading through everyone's responses here, I'm starting to see this delay as a blessing in disguise. One thing I'd add that hasn't been mentioned yet - if you're still in touch with your ex (amicably), it might be worth having a conversation about his retirement plans. Not that it changes the rules, but knowing whether he's planning to file at 62 or wait longer could help inform your own strategy. My ex mentioned he's planning to work until 67, which actually doesn't matter for my ex-spouse benefit calculation, but it's good to know for planning purposes. Also, I found the SSA's online benefit calculators really helpful, but they can be confusing at first. Don't be discouraged if the numbers seem off initially - there are a lot of variables they factor in. The WEP and GPO calculators are particularly important if you have any government pension income. Sara, given that you were married 23 years, your ex likely has a substantial work history which could mean a decent ex-spouse benefit for you. Those extra 3 years of waiting might really pay off!
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