Social Security divorced spousal benefit reduction - claiming at 69 after taking my own at 62?
I've been getting my own Social Security since I was 62 (now 68). My ex-husband and I divorced about 2 years ago after 31 years of marriage, so I know I've met the 2-year waiting period for divorced spouse benefits. He's 64 now and still working full-time, hasn't filed for his benefits yet. Here's what I can't get a straight answer on: When I apply for divorced spousal benefits next year (at 69), will I still be penalized for taking my own benefits early at 62? Or can I get the full 50% of his PIA since I'll be past my FRA when applying for the divorced spousal? I was mostly a stay-at-home mom, so his benefit is significantly higher - my monthly payment would more than double if I could get 50% of his. I've called the SSA office THREE different times and gotten THREE completely different answers! One rep said I'd get the full 50%, another said I'd be permanently reduced because I claimed at 62, and the third wasn't sure but thought it might be somewhere in between. I'm trying to budget for the next few years and this makes a huge difference. Has anyone been through this exact situation?
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Victoria Brown
When you file for divorced spousal benefits, you'll receive the higher of either your own reduced retirement benefit OR the difference between your reduced benefit and up to 50% of your ex's PIA (Primary Insurance Amount). Since you filed for your own benefits early at 62, you're permanently reduced on your own record. However, the good news is that filing for the divorced spousal benefit after your Full Retirement Age means that portion won't be reduced. But it's not as simple as getting the full 50% of his benefit - you'll get your own reduced benefit plus potentially a "top up" amount to bring you closer to 50% of his. The fact that your ex hasn't filed yet doesn't matter for divorced spousal benefits as long as he's eligible for benefits (which at 64, he is) and you've been divorced for at least 2 years.
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Laura Lopez
•Thanks for explaining! So if my benefit is currently $1,100/month after taking it at 62, and his PIA would give me $1,800 at 50%, would I get my $1,100 plus $700 more? Or is there some other formula they use?
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Samuel Robinson
Same thing happened to me. The SSA peopel never give the same answer twice!! I took my benfit at 62 also and tried for my ex husbands after. It's all about your PIA vs his PIA and there doing some weird caluclations. You DEFINTELY don't get the full 50% because you took early benfeits. Don't let them tell you that!!
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Laura Lopez
•Ugh, that's what I was afraid of. Did you end up getting more than your original benefit at least? I'm just trying to figure out if this is worth pursuing or if I'll go through all the paperwork for nothing.
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Camila Castillo
Let me explain exactly how this works, as there's a lot of confusion on this topic: When you take your own retirement benefit early at 62, it's permanently reduced (usually to about 70% of your PIA). For the divorced spousal benefit, what matters is when YOU file for THAT benefit, not when you filed for your own. Since you'll be past your Full Retirement Age (66+) when you file for the divorced spousal benefit at 69, that portion won't be reduced. However, you don't get both benefits added together. The SSA calculates what's called the "excess spousal benefit" which is the difference between your ex's PIA × 50% minus your own PIA (not your reduced benefit). If that excess amount plus your reduced benefit is less than 50% of your ex's PIA, that's what you'll receive. If it's more, you'll be capped at 50% of his PIA. The formula is: max(your reduced benefit, min(your reduced benefit + (50% of ex's PIA - 100% of your PIA), 50% of ex's PIA)) This is why you get different answers - it's complicated and some reps don't understand the nuances.
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Laura Lopez
•Thank you for taking the time to explain all this. I think I understand better now, but wow is it complicated! So it sounds like I might get some increase but not the full amount I was hoping for. Do you know if there's a way to estimate this before I apply? My PIA (if I had waited until full retirement age) would have been around $1,600.
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Brianna Muhammad
I went thru this last year but it was the other way - my ex wife trying to get my benefits lol. not sure it helps but thought I'd share!
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Laura Lopez
•Thanks for responding. How did it work out in your situation? Did she end up getting a higher benefit?
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Brianna Muhammad
•Yeah she did get more but not the full 50% she was expecting. SSA did some calculation and she got like 30% more or something
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JaylinCharles
I know EXACTLY what you're going through with getting different answers every time you call SSA. It's maddening! After dealing with this same runaround for weeks about my widower benefits, I finally used a service called Claimyr (claimyr.com) that got me through to an SSA agent in under 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU When I finally got through, I asked specifically for a Technical Expert who deals with complex cases like divorced spousal benefits. The regular reps often don't understand the complicated formulas. The Technical Expert explained everything clearly and even ran the calculations for my specific situation. For divorced spouse benefits, it's especially important to talk to someone who really knows the rules since there are so many misconceptions.
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Laura Lopez
•I've never heard of Claimyr before! It's so frustrating trying to get through on the regular line only to get someone who gives you a different answer each time. I'll check out the video - at this point I'd try anything to get a definitive answer. Did you find the technical expert was actually knowledgeable?
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JaylinCharles
•Yes, the technical expert knew exactly what he was talking about! The difference was night and day compared to the regular reps. He pulled up all my records and walked through each calculation step by step. Make sure you specifically request a Technical Expert when you get through - they won't transfer you unless you ask.
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Eloise Kendrick
THE SSA IS JUST TRYING TO CHEAT YOU OUT OF BENEFITS!!! This happens ALL THE TIME. They deliberately give confusing answers hoping you'll just give up or take less than you deserve. I've been fighting with them for 3 YEARS over my disability benefits and they make everything 10× harder than it needs to be. Don't trust anything they say over the phone!!!!!
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Victoria Brown
•While the SSA system can certainly be frustrating and complex, I don't think there's an intentional conspiracy to deny benefits. Most errors come from the complexity of the rules and insufficient training for some representatives. That's why it's important to speak with a Technical Expert for complicated cases like divorced spousal benefits with early retirement.
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Lucas Schmidt
The 50% rule applies to ex-spouses who were married 10+ yrs right? I think my wife's sister got divorced after only 8 yrs and couldn't claim on her ex's record. Not sure if that affects ur situation tho...
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Camila Castillo
•You're correct about the 10-year marriage requirement. The original poster mentioned being married for 31 years, so she definitely meets that requirement. There are three key requirements for divorced spousal benefits: 1) Marriage lasted at least 10 years, 2) Currently unmarried, and 3) Divorced for at least 2 years OR ex-spouse has already filed for benefits.
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Laura Lopez
Thanks everyone for the helpful responses! I'm definitely going to try to get through to a Technical Expert since it seems like they're the only ones who really understand these complicated cases. I'll plan on getting some increase but not the full 50% I was hoping for. At least I know now why I was getting such different answers. I'll update after I speak with someone who can do the actual calculations for my specific situation.
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