Need advice for upcoming SS spousal excess benefit call - divorced spouse situation
I'm turning full retirement age (FRA) in April and have a phone appointment with Social Security scheduled for next week. Back in November, a rep told me I might qualify for divorced spousal benefits since my ex-husband's PIA is significantly higher than mine (about 2.5 times higher). My situation: divorced for 12 years after a 32-year marriage, never remarried, and my ex is 72 now. I'm still working full-time making around $46,000 annually. I'm getting nervous about this call and want to be prepared. What specific questions should I ask? What documents should I have ready? I've seen posts here mentioning that divorced spousal excess benefit calculations can be complicated and sometimes require talking to a technical expert. Should I request a technical specialist right at the beginning of my call? Anyone have experience with this specific situation? Thanks in advance for any guidance!
18 comments
Oliver Schulz
Definitely be prepared! For divorced spousal benefits, have your marriage certificate and divorce decree ready. They'll need your ex's SSN if you have it, but they can look it up if necessary. Since you'll be at FRA, the earnings test won't apply to you anymore, but they'll still need to calculate your own benefit vs. the spousal excess. I'd suggest asking these questions: 1. How exactly will my benefit amount be calculated? (Make them explain the formula) 2. When will my first payment arrive if approved? 3. Will I need to file a separate application for my own retirement and the divorced spouse benefit, or is it combined? And yes, request a technical specialist who works with divorced spouse claims. Regular reps sometimes don't understand all the nuances of excess spousal benefits, especially in divorce situations.
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Amina Diallo
•Thank you! I have my divorce decree ready but I need to find our marriage certificate. I know his SSN so that's covered. Should I also have my recent W2s or paystubs since I'm still working? And I'm confused about whether I'll receive two separate payments (my retirement + the excess spousal) or if it's just one combined payment?
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Natasha Orlova
i went thru this last yr. the first person i talked to had NO IDEA about spousal excess for divorced ppl. got transferred 3 times!!! finally reached someone who knew what they were doing. whole process took 5 months to get approved. dont give up!!
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Amina Diallo
•Oh no, that sounds frustrating! Did you have to keep calling back or did they handle it all in one call but with multiple transfers? I'm worried about getting disconnected during transfers and having to start all over again.
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Javier Cruz
Since you're reaching FRA, make sure to clarify that you want to file for BOTH your own retirement benefit and the divorced spousal benefit simultaneously. The rules changed after 2015, and you can no longer file for just one benefit and let the other grow. What will happen is SSA will calculate your PIA (Primary Insurance Amount) based on your earnings history. Then they'll calculate what you'd get as a divorced spouse (up to 50% of your ex's PIA). If the spousal benefit is higher, you'll receive your own benefit plus the "excess" amount that makes up the difference. In your initial call, specifically ask: 1. What is my calculated PIA based on my earnings? 2. What would 50% of my ex-spouse's PIA be? 3. What will my combined monthly benefit amount to? And yes, have your most recent tax return handy, plus your birth certificate, marriage certificate, and divorce decree.
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Amina Diallo
•This is super helpful! I didn't realize I needed to file for both benefits at the same time. So to make sure I understand - if my PIA is $1,500 and 50% of my ex's PIA is $2,200, I'd get my $1,500 plus an additional $700 as the "excess" for a total of $2,200 monthly? Is that right?
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Emma Wilson
When I had my Social Security call last year, I kept getting disconnected or had to wait 2+ hours on hold. It was incredibly frustrating! I eventually used a service called Claimyr (claimyr.com) that held my place in line and called me back when an agent was available. Saved me hours of waiting and stress. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU For your actual questions - definitely ask for a specialist in divorced spousal benefits. The regular agents often don't understand the nuances. Also ask if your continued work might increase your own benefit enough to affect the excess calculation. And get everything in writing after the call!
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Amina Diallo
•Thank you for the suggestion! I'll check that out because I'm dreading being on hold forever. And that's a great point about my continued work potentially affecting my benefit calculation - I hadn't thought about that angle.
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Malik Thomas
WATCH OUT! My sister went through this and SSA calculated everything wrong the first time!! They didn't count 3 years of her work history and gave her a much smaller benefit than she deserved. Make sure you go through your earnings record with them line by line during the call. Don't trust them to get it right without double-checking!
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Oliver Schulz
•This is really important advice. I always recommend that people check their earnings record on the MySocialSecurity portal BEFORE their appointment. Print it out and review it carefully. If you see any years with missing or incorrect earnings, have your W-2s or tax returns for those years ready to reference during the call.
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NeonNebula
I was in almost the exact same situation last year! One thing nobody mentioned to me that I wish I'd known - if you're planning to continue working past FRA, you might want to delay taking your own retirement benefit (but still take the spousal excess) if your current earnings are higher than your past earnings. Working even 1-2 more years at a good salary can increase your own benefit calculation. But the most important thing is definitely asking for a technical expert who specializes in divorce cases and excess benefits. The first person I spoke with gave me completely wrong information. Don't be afraid to politely ask for someone else if they seem confused about your situation.
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Amina Diallo
•Wait, I'm confused. I thought once you reach FRA you have to apply for both your own retirement and spousal benefits together - can you really just take the spousal excess while delaying your own benefit? That would be great since I plan to work at least 2 more years.
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Javier Cruz
To clarify the confusion in this thread: No, you cannot take just the excess spousal benefit while delaying your own retirement benefit. This used to be possible under a strategy called "restricted application" but that ended for people born after 1/1/1954. When you file at FRA or later, you'll receive the higher of: your own retirement benefit OR up to 50% of your ex-spouse's benefit (whichever is more). But you can't split them or delay one while taking the other. For your situation, since you're still working, you might want to calculate if delaying your application entirely (both benefits) until age 67 or 68 would result in a higher monthly amount. Each year you delay past FRA increases your own retirement benefit by 8%, which might offset any spousal excess you'd be eligible for now.
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Amina Diallo
•Thank you for clearing that up! I was getting so confused with the different advice. I think I should ask them to calculate what my benefit would be if I filed now versus waiting until 67 (when I plan to retire). That way I can make an informed decision.
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Isabella Costa
Make sure they check if your ex has multiple exes filing on his record! Many people don't realize there's no 'family maximum' for divorced spouse benefits - each eligible ex-spouse can receive benefits without reducing the others. But it DOES affect survivor benefits later, which is something to keep in mind for future planning.
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Natasha Orlova
•whaaaaat?? i didnt know that! i was worried about my ex's new wife affecting my benefit amount. good to know!
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Oliver Schulz
On your call, request a complete breakdown of your benefit calculation in writing. SSA should send you an award letter after your claim is processed, but it doesn't always show the detailed math. Specifically ask for: 1. Your PIA based on your own work record 2. The spousal benefit amount you're eligible for (up to 50% of ex's PIA) 3. The excess amount (the difference between #2 and #1) 4. How continuing to work might change these calculations Keep detailed notes during your call - write down the name and direct extension of anyone helpful that you speak with. If you need clarification later, it's much easier if you can get back to the same person rather than explaining everything to someone new. Also, while your current earnings won't reduce benefits at FRA, they could potentially increase your own PIA if these are high-earning years for you, which might reduce the spousal excess portion (though your total would remain the same or increase).
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Amina Diallo
•This is really thorough, thank you! I'll definitely ask for everything in writing and keep careful notes. My current salary is actually higher than many of my earlier working years, so it sounds like continuing to work might actually increase my own PIA over time. I'll make sure to ask about how that could impact the calculations going forward.
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