How to get ex-spouse Social Security benefits at 70 when we're different ages?
I've been divorced for 11 years after a 27-year marriage and never remarried. I'm now 67 (just past my FRA) and planning to delay claiming SS until I turn 70 to maximize my benefits. My ex-husband is a higher earner than me and is currently 65, still working. I know I might be eligible for up to 50% of his benefit if that's larger than my own retirement benefit. But I'm confused about how to figure this out since we're different ages (I'm 2 years older). When I turn 70, he'll only be 68 and not at his maximum benefit yet. How do I find out what his benefit amount would be? Is there some maximum cap on ex-spousal benefits? And do I need to wait until he actually files for his benefits, or can I claim on his record even if he's still working? The SSA website is so confusing on divorced spouse benefits and I can't get through on the phone. Any advice would be appreciated!
23 comments
Natasha Volkova
You've got several questions there, so let me try to help. First, you CAN claim ex-spouse benefits even if your ex hasn't filed yet, as long as you've been divorced at least 2 years (which you have). The 50% is based on his Primary Insurance Amount (PIA) at his full retirement age, not what he'd get at 70. So his continued work won't affect what you can get as an ex-spouse. There is no specific "maximum" ex-spousal benefit, but it's capped at 50% of his PIA. The max benefit for 2025 for a worker retiring at FRA is around $3,900/month, so theoretically the max ex-spousal benefit would be about $1,950. To compare benefits, you need to contact SSA directly - they won't tell you his exact benefit amount, but they can tell you which benefit would be higher for you.
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CosmicCommander
•Thank you! That makes more sense. So even though I'm waiting until 70 to maximize MY benefit, the ex-spouse benefit would only ever be 50% of his FRA amount, not 50% of what he'd get at 70 with delayed credits? And I'm still confused - if I take my own benefit at 70, can I also get the ex-spouse benefit at the same time?
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Javier Torres
when I was going thru this for my divorce I couldnt find out ANY info about my ex's benefits!!!!! the ssa wouldn't tell me anything about how much he gets!!! so frustrating. I had to just apply anyway and see what I got. and it takes FOREVER to process. i waited like 6 months to get approved!!!!! the whole system is rigged I swear
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Emma Davis
•Same happened to my sister! Those SSA people are so secretive about everything. But she eventually got her benefits. Just took forever and like 5 different applications.
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Malik Johnson
When I got divorced after 30 years of marriage, I was in a similar situation. I just walked into my local SS office with my divorce decree and asked them to compare my benefit to half of my ex's. They can't tell you his exact amount, but they CAN tell you which one is higher. You should bring your marriage certificate too. And your driver's license. And maybe your birth certificate. They love asking for extra documents!!
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CosmicCommander
•Thanks for the advice! Did you have to make an appointment? I've heard the wait times at SS offices can be ridiculous these days.
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Isabella Ferreira
I went through this exact scenario last year. I was hitting my head against the wall trying to get through to SSA on the phone - busy signals or 2+ hour waits every time I called. I finally used this service called Claimyr (claimyr.com) that got me connected to an SSA agent in about 15 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. The agent was able to look at both my record and my ex's record (without telling me his exact amount) and told me that in my case, my own benefit would be higher at 70. Saved me so much stress - might be worth checking out if you can't get through on the normal SSA line.
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Javier Torres
•does this actually work?? i've never heard of this before. seems too good to be true with how impossible it is to reach anyone at Social Security!
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Isabella Ferreira
•Yes, it really worked for me. I was skeptical too, but after trying for weeks to get through the normal way, I was desperate. They don't work for the SSA - they just connect you through faster somehow. The agent I talked to was a regular SSA employee who answered all my questions.
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Ravi Sharma
To clarify a few important points about ex-spouse benefits: 1. You'll receive the HIGHER of either your own retirement benefit OR up to 50% of your ex-spouse's Primary Insurance Amount (PIA). 2. You do NOT receive both benefits added together. 3. If you wait until 70 to claim, your own benefit will have grown by 32% above your FRA amount, but the ex-spouse benefit does NOT get delayed retirement credits. 4. Since you're already past your FRA, you could actually claim JUST the ex-spouse benefit now while letting your own benefit continue to grow until 70. This is called a restricted application and is only available to people born before January 2, 1954. Given your age difference, this strategy might make sense - collect ex-spouse benefits for the next 3 years, then switch to your own (presuming it will be higher) at 70. You should definitely contact SSA to compare these amounts.
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CosmicCommander
•WAIT - I was born in 1957, so I can file a restricted application?! This changes everything! So I could potentially get some benefits now AND still get my maximum benefit at 70? I had no idea this was possible - none of the SSA info I read mentioned this for divorced spouses. I'm definitely going to look into this!
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NebulaNomad
•My brother tried doing the restricted application thing last year but they told him he couldn't do it. Something about him being born too late. There's so many weird rules with SS!! But definitely worth asking about
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Natasha Volkova
Just to be crystal clear on a couple of points that might be confusing: 1. The maximum Social Security benefit for someone retiring at FRA in 2025 is around $3,900/month, and for someone waiting until 70, it's about $4,850/month. But these amounts require earning at the maximum taxable amount for 35 years, which few people do. 2. For the restricted application strategy mentioned above, it ONLY works if you were born before Jan 2, 1954. Since you mentioned being 67 now in 2025, you would have been born around 1958, which means you would NOT be eligible for this strategy. 3. If your ex has not yet claimed his benefits, you can still claim ex-spouse benefits as long as you've been divorced for at least 2 years, which you have. If your own benefit at 70 will be higher than 50% of your ex's PIA, then waiting makes sense. But you should definitely contact SSA to find out which is higher.
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Ravi Sharma
•Good catch on the birth year - I missed that detail. You're right that if the original poster was born after January 1, 1954, then the restricted application strategy wouldn't be available. In that case, waiting until 70 to claim either benefit (whichever is higher) would be the optimal strategy if maximizing lifetime benefits is the goal.
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CosmicCommander
•OK, I think I understand now. I was born in 1958, so I can't do the restricted application. So my options are either take 50% of my ex's PIA now, OR wait until 70 for my own larger benefit. I can't take one now and switch later. Is that right?
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Natasha Volkova
Yes, that's correct. Since you were born in 1958, you would fall under the "deemed filing" rules, which means when you file for one benefit, you're deemed to be filing for all benefits you're eligible for, and you'll receive whichever amount is higher. You can either: 1. Take the ex-spouse benefit now (50% of his PIA) if that's higher than your own benefit at your current age, OR 2. Wait until 70 when your own benefit with delayed retirement credits will likely exceed the ex-spouse benefit. The SSA can tell you the exact amounts for both options so you can make an informed decision.
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CosmicCommander
•Thank you SO much for explaining this clearly! I think I'll call SSA tomorrow and try to get actual numbers. Based on our careers, I'm guessing my own benefit at 70 will be higher than 50% of his PIA, but I need to know for sure.
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Emma Davis
I don't mean to hijack but I have almost the same question except I'm only 62 and thinking about taking early benefits. My ex made waaaaay more than me (like 3x as much) and we were married 22 years. Would it be better for me to take his early or wait??? So confused!!!!
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Natasha Volkova
•This is really a different situation that would require its own analysis. You should consider posting your own question with your specific details. Taking benefits early (whether your own or ex-spouse) permanently reduces the amount, but sometimes it makes sense depending on your health, financial needs, and life expectancy.
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Javier Torres
I CANT BELIEVE how complicated they make all this!!! Why does the government have to make everything so confusing??? normal people can't understand all these rules about FRA and PIA and deemed filing. it's like they don't want us to get what we deserve after paying into the system our whole lives!!!!
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NebulaNomad
•OMG yes! My dad spent HOURS trying to figure out his Medicare and Social Security stuff. Eventually he just went with whatever the rep told him because he was so frustrated. Probably left money on the table but who knows with all these crazy rules?
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Ravi Sharma
After reading through this thread, I'd recommend these steps: 1. Contact SSA to get specific estimates of what you'd receive as an ex-spouse benefit now vs. your own retirement benefit at 70. 2. If reaching SSA by phone is difficult (which it often is), consider either making an in-person appointment at your local office or trying a service that helps connect with SSA representatives. 3. Have your divorce decree, marriage certificate, and identification ready. 4. Ask specifically about whether your own benefit at 70 would exceed the ex-spouse benefit, and by how much. 5. Consider your current financial needs versus the long-term maximization of benefits. For many people who can afford to wait, delaying until 70 provides the highest lifetime benefit if you live past roughly age 80. But having actual numbers will help you make the best decision for your situation.
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CosmicCommander
•Thanks for summarizing everything so clearly. I'm in a good position financially to wait until 70, but I wanted to make sure I wasn't missing out on anything in the meantime. I'll definitely follow your advice and get those specific numbers from SSA.
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