Social Security divorced spouse benefits confusion - still eligible after taking my own SS at 62?
I need help understanding divorced spouse benefits! I started taking my own SS at 62 (currently 67, almost 68). My ex-husband is 66 and we were married for 25 years before divorcing 12 years ago in California. He still works full-time as an attorney at a big law firm and plans to continue until 70. When I visited the SSA office last year to ask about divorced spouse benefits (my ex mentioned I might qualify), they weren't very helpful. They just said I'd only get "a few dollars" if I applied now and told me to come back in a few years without explaining why. I'm confused because I thought I could get up to 50% of his benefit amount? I currently receive about $1,300/month from my own record. My divorce settlement includes lifetime alimony as long as I remain single. My ex says he's delaying his benefits until 70 due to his high income. Can someone explain how the divorced spouse rules work in my situation? Why would I only get "a few dollars" now? Should I wait until he files at 70?
14 comments


CosmosCaptain
There are a few critical factors determining your divorced spouse benefit amount. Here's what's happening in your situation: 1. You're already collecting your own retirement benefits (started at 62) 2. Your ex-husband hasn't filed for his benefits yet 3. You took your own benefits early (reduction for claiming before FRA) Since you're collecting your own benefits, any divorced spouse benefit would only be the DIFFERENCE between your current benefit and 50% of your ex's benefit at his full retirement age (if that amount is higher). When they said "a few dollars," they likely meant your own reduced benefit is close to what you'd get as a divorced spouse. However - important note - since you've been divorced over 2 years, you don't need to wait for him to file. You can collect divorced spouse benefits even if he hasn't filed yet, as long as he's eligible (which at 66, he is). I'd suggest requesting a detailed calculation from SSA. Ask specifically about the "deemed filing" rules and how your early filing affected your divorced spouse benefit.
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Ravi Choudhury
•Thank you for explaining! I didn't realize my own benefit would affect the divorced spouse amount. So it's not a straight 50% of his benefit added to mine, but rather they'll just pay the difference if his 50% is higher than what I already get? That makes more sense why they said "a few dollars." My ex earns a very high income, so his benefit at FRA would probably be at the maximum. Would it be worth applying now, or should I wait until he actually files at 70?
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Freya Johansen
When I got divorced, SSA screwed up my benefits calculation THREE TIMES!!! They kept telling me different things each time I went in. First they said I could get 50% of my ex's, then they said I couldn't get anything because I already filed, then they said I could get a small amount. FINALLY after talking to a supervisor, they fixed it. You NEED to talk to someone who knows what they're doing at SSA, not just the first person who answers the phone. Ask for a supervisor or an appointment with someone who specializes in divorce benefits. The fact that you're already collecting benefits complicates things, and most regular SSA workers don't fully understand these rules!!!! Good luck!!!
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Omar Fawzi
•omg this happens all the time. my mom went through same thing last yr. the frontline ppl at ssa offices dont always know the complicated rules. def ask for supervisor
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Chloe Wilson
I can explain why you're only getting "a few dollars" based on what you've shared. Since you started your own benefits at 62, you took approximately a 30% reduction from your full retirement age amount. The divorced spouse benefit is calculated as the higher of: 1. Your own benefit amount 2. Up to 50% of your ex-spouse's full retirement age benefit amount However, since you filed early, that 50% is ALSO reduced because you filed before your full retirement age. So you're getting the difference between your reduced benefit and the reduced divorced spouse benefit, which is likely very small. The fact that your ex isn't taking benefits yet doesn't matter since you've been divorced over 2 years. What matters is that your current $1,300 is likely close to what your reduced divorced spouse benefit would be. Waiting until he files at 70 won't help - his delayed retirement credits don't increase your divorced spouse benefit, which is always based on his full retirement age amount, not his age 70 amount.
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Ravi Choudhury
•Oh, I had no idea that his delayed credits don't affect my divorced spouse benefit! That's really important information. So even if he waits until 70 and gets those extra credits, my potential divorced spouse benefit would still be based on his FRA amount? Also, does the fact that I'm receiving alimony affect my eligibility for divorced spouse benefits at all? The divorce settlement specified lifetime alimony as long as I remain single.
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Diego Mendoza
When I was in a similar situation last year, I spent WEEKS trying to get someone at Social Security on the phone. Kept getting disconnected or waiting for hours. I finally found this service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in under 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU It was worth it because I finally got to speak with someone who could explain my divorced spouse benefits calculation in detail. They even found I was eligible for more than what the local office told me! Sometimes you really need to talk to different agents until you get someone knowledgeable about these complex situations.
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Ravi Choudhury
•Thank you for the suggestion! I've been trying to call them too with no luck. It's so frustrating getting disconnected after waiting for an hour. I'll check out that service - at this point I just need to talk to someone who can properly explain my situation.
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Anastasia Romanov
sorry but im confused why ur getting alimony AND trying to get ss benefits from him too? isnt that double dipping? not judging just curious how that works
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CosmosCaptain
•Alimony and Social Security divorced spouse benefits are completely separate issues. Alimony is determined by divorce court based on various factors like length of marriage and income disparity. Social Security divorced spouse benefits are a federal benefit based on your ex's work record if you were married 10+ years. You can legally receive both - they don't offset each other.
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StellarSurfer
I went through this exact process last yr. They told me the same thing about only getting a small amount when I first applied. Turns out there's a HUGE reduction when you take your own benefits early AND then try to get divorced spouse benefits. The math gets complicated. Basically, they look at the difference between your reduced benefit and 50% of your ex's FRA benefit (which is also reduced because you filed early). For most people, that difference is tiny. But here's what nobody tells you - they'll recalculate when your ex actually files! So even though you can apply before he files (since you're divorced >2 years), you might get a different amount after he files. It's worth applying now anyway just to get in the system.
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Ravi Choudhury
•That's interesting - they'll recalculate when he actually files? I didn't realize that. So even though the amount might be small now, it could potentially change later? That's definitely good to know. I think I'll go ahead and apply and just accept whatever small increase I might get now.
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Chloe Wilson
One more important detail - alimony has no effect on your Social Security divorced spouse benefits. They are completely separate programs. Your eligibility for divorced spouse benefits is based on: 1. Marriage lasting at least 10 years (yours was 25, so you qualify) 2. Being at least 62 years old (you are) 3. Being currently unmarried (you mentioned staying single for alimony purposes) 4. Your ex being eligible for benefits (at 66, he is) The reduction in your benefit is purely mathematical - it's about when you filed for your own benefits (at 62) and how that affected both your own benefit amount and any potential divorced spouse benefits. At this point, I would recommend filing for the divorced spouse benefit even if it's small. There's no advantage to waiting since your ex's delayed retirement credits won't increase your divorced spouse benefit.
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Ravi Choudhury
•Thank you, this is very helpful! I'm going to apply for the divorced spouse benefit right away then. Even if it's just a small amount, every bit helps with today's inflation. I appreciate everyone explaining why the amount is small - that makes much more sense now. The SSA rep really should have explained this instead of just telling me to come back later!
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