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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!

Marcus Marsh

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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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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

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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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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

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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

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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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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

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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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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

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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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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

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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

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is that service legit? seems weird to pay someone just to call SS for u

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PaulineW

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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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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

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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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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

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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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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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