Social Security document requirements - do I still need to submit marriage docs if I won't get ex-spouse benefits?
I'm getting ready to apply for my Social Security retirement benefits next month (turning 67). My ex and I were married for 22 years before divorcing in 2010, but I've been told my own benefit amount will be higher than any spousal benefit I could get from his record. My financial advisor mentioned that since my own FRA benefit exceeds half of my ex-husband's, I won't qualify for any spousal "top-off" amount. Do I still need to dig up all those old documents (birth certificate, marriage certificate, divorce decree) for the SSA application if I'm not going to receive any ex-spousal benefits? Getting copies of these will be a hassle since we married in another state and I'd have to contact county offices I haven't dealt with in decades. Just wondering if anyone knows if SSA will still require all this documentation even when they know up front I won't qualify for spousal benefits? Thanks for any insights!
24 comments


Marcus Marsh
Yes, you'll still need to submit your birth certificate for your own retirement benefit claim. However, if you're applying ONLY for retirement benefits on your own record and not even mentioning the possibility of spousal benefits, you shouldn't need to submit marriage/divorce documents. Just be clear when you apply that you're only filing for retirement on your own record. If you mention the ex-spouse at all during the application process, they might request those documents even if you won't qualify for spousal benefits.
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Katherine Shultz
•Thank you - that's helpful! So if I understand correctly, as long as I don't bring up my ex or check any boxes about spousal benefits, I should be able to avoid submitting the marriage/divorce paperwork? That would save me a lot of trouble.
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Hailey O'Leary
just went thru this last yr. they made me show birth cert for my claim but didnt ask for marriage stuff cuz i told them i wasnt applying for anything on my ex. just be super clear about that when u apply. good luck!!
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Katherine Shultz
•That's great to hear! I'll definitely make it clear I'm only filing on my own record. Did you apply online or in person?
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Hailey O'Leary
online. took like 30 min. but then they called me 2 weeks later to confirm some stuff about my work history. wasnt a big deal
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Cedric Chung
This is a common question. Here's what you need to know: SSA requires proof of age (birth certificate) for ALL retirement claims, but marriage/divorce documentation is only required if you're applying for benefits on an ex-spouse's record. However, there's a nuance here. When you apply, the SSA representative is required to explore ALL potential entitlements - even if you don't explicitly ask about them. If your ex's record comes up during the interview, they may still request marriage/divorce documentation to verify eligibility, even if it ultimately won't increase your benefit amount. My recommendation is to have copies of these documents ready just in case, but clearly state at the beginning of your application that you're ONLY applying for retirement benefits on your own record and not seeking any benefits based on your ex-spouse's record.
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Katherine Shultz
•Thank you for that detailed explanation. I suppose I should start the process of getting those documents now just to be safe. I was hoping to avoid the hassle, but I'd rather have them ready than delay my application.
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Talia Klein
THEY WILL MAKE YOU GET EVERYTHING!!! I just went through this NIGHTMARE. I told them my own benefit was higher too but they STILL made me track down my marriage certificate from 1982!!! And they kept LOSING the documents I sent in!!!! Had to send my birth certificate THREE TIMES!!!!! The whole process took 5 MONTHS because of this bureaucratic nonsense!!!!
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Katherine Shultz
•Oh no, that sounds awful! Did you apply online or in person? I'm sorry you had such a terrible experience.
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Talia Klein
•Started online but then had to go to the office FOUR TIMES!!! They kept saying they needed more documents even after I brought everything they asked for!!! Total incompetence!!!
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Maxwell St. Laurent
My sister just went through this. Different situation though - her ex passed away last year. She didn't need marriage docs at first when applying for her own retirement, but then when she mentioned her deceased ex-husband they started asking for all kinds of paperwork. Just FYI.
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PaulineW
I had a similar situation and found that calling the SSA directly was nearly impossible - spent hours on hold only to get disconnected. I discovered a service called Claimyr (claimyr.com) that got me through to an agent in about 20 minutes instead of waiting for hours. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU The agent I spoke with confirmed that I only needed my birth certificate since I was only applying for my own retirement benefits. They said marriage/divorce docs are only required if you're actually applying for benefits on someone else's record. Worth calling to confirm for your specific situation.
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Hailey O'Leary
•is that service legit? seems weird to pay someone just to call SS for u
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PaulineW
•It doesn't call for you - it holds your place in line and calls you when it gets an agent. Saved me hours of waiting. The SSA rep I spoke with was super helpful once I got through.
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Maxwell St. Laurent
•I've used it twice now. Works great. Better than listening to that awful hold music for 3 hours!
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Marcus Marsh
One important thing to understand: SSA follows the "technical entitlement" rule. This means they must determine if you're technically eligible for spousal benefits, even if you won't receive any additional money from them. This is why some people are asked for marriage documentation even when their own benefit is higher. However, if you explicitly state that you are NOT filing for any benefits on your ex-spouse's record, most representatives will only request your birth certificate. If you're applying online, there's a specific section about current/former spouses. If you indicate you were married before, the system will likely prompt you for marriage/divorce information. If you're concerned about the documentation requirements, I'd recommend calling or visiting an office before applying to confirm exactly what you'll need in your specific case.
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Katherine Shultz
•This makes sense - thank you for explaining the "technical entitlement" concept. I think I'll call ahead and ask specifically about my situation before starting the application. Better to be prepared than to have my application delayed.
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Annabel Kimball
Just wanted to add - if you need copies of vital records from another state, most have online ordering systems now. I had to get a copy of my birth certificate from Illinois even though I live in Florida now, and it was pretty easy to order it online. Cost me about $25 and took maybe 2 weeks to arrive. Might not be as bad as you think to get those documents if you end up needing them!
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Katherine Shultz
Thanks everyone for the helpful responses! I'll call SSA first to confirm what documents I'll need for my specific situation, and I'll start the process of getting copies of my marriage/divorce documents just in case. Better to be prepared than to have my application delayed. Really appreciate all the advice!
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GalacticGladiator
I went through a similar situation last year when I applied at 66. I was also divorced after a long marriage but my own benefit was higher. The key is being very clear and consistent about what you're applying for. When I applied online, I answered "No" to all questions about wanting benefits based on a former spouse's record. I only submitted my birth certificate initially. However, about 3 weeks later, SSA called me for a phone interview to verify my application details. The representative asked if I had ever been married, and when I said yes, they explained they needed to document my marital history "for their records" even though I wouldn't get spousal benefits. I ended up having to provide my marriage certificate and divorce decree anyway, but it didn't delay my benefits - they processed everything while waiting for those documents. So my advice would be to start getting those documents now, but don't let it delay your application. You can submit your birth certificate and application first, then send the marriage docs when you get them.
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Ella Lewis
This is really helpful information, everyone! I'm in a similar boat - turning 66 next year and my own benefit will be higher than any spousal benefit from my ex. Based on what I'm reading here, it sounds like the safest approach is to get those documents ready ahead of time, even if you might not need them. @GalacticGladiator - your experience with the phone interview is particularly useful to know about. It sounds like even when you're clear about only wanting your own benefits, they still want to document your full marital history. I guess it makes sense from their perspective to have complete records. For anyone else in this situation, it might be worth checking if your state has those online vital records systems that @Annabel Kimball mentioned. I just looked up my state and they do have online ordering - would have saved me a lot of stress if I'd known that earlier!
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Javier Morales
•@Ella Lewis - I m'also planning to apply soon and your point about checking state vital records systems online is spot on! I just looked mine up too and was surprised how streamlined the process has become. It s'really reassuring to hear from @GalacticGladiator that even when they had to provide the marriage documents later, it didn t'actually delay the benefit payments. That takes some of the pressure off. I think I ll'follow the same approach - submit my application with birth certificate first, then get the other documents while they re'processing. Has anyone had experience with how long the phone interview process typically takes once you submit your initial application?
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Issac Nightingale
I'm also approaching retirement age and found this thread really informative! Based on everyone's experiences, it seems like there are two main approaches: 1) Be very explicit that you're ONLY applying for your own retirement benefits and hope they don't ask for marriage docs, or 2) Get the documents ready ahead of time just in case. From what I'm reading, the online application might trigger requests for marriage documentation even if you don't want spousal benefits, but calling ahead or applying in person might give you more control over the conversation. One thing I'm curious about - for those who did have to provide marriage/divorce documents later, did SSA accept certified copies or did they need original documents? I'm wondering if I should order multiple certified copies just to be safe. Thanks to everyone who shared their experiences - this is exactly the kind of real-world advice that's so hard to find elsewhere!
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Anderson Prospero
•@Issac Nightingale - Great question about certified copies vs. originals! From what I ve'seen in other threads, SSA typically accepts certified copies for most documents. I d'definitely recommend getting 2-3 certified copies of each document rather than risking sending originals through the mail. Your summary of the two approaches is really helpful. I m'leaning toward approach #2 getting (documents ready ahead of time after) reading about @Talia Klein s experience'with multiple trips to the office and lost documents. Even if there s a'chance I won t need'them, the peace of mind seems worth the upfront cost and effort. Has anyone tried the strategy of explicitly stating at the very beginning of the application I am "only applying for retirement benefits on my own work record and I am not seeking any benefits based on any current or former spouse s record'? I"wonder if being that direct would help avoid the marital history questions altogether.
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