Social Security ex-spousal benefits: Do I wait 2 years after filing for divorce or after finalization?

There's actually a lot of confusion about this rule. For Social Security divorced spouse benefits, you don't need to wait 2 years IF you've been married at least 10 years (which you have). The 2-year waiting period only applies if your ex-spouse hasn't filed for their own benefits yet. Basically: 1. You must be divorced (final decree) 2. Your marriage lasted at least 10 years (check!) 3. You must be at least 62 to collect (unless caring for his child who is under 16) 4. You must be currently unmarried 5. If your ex hasn't filed for his own benefits yet, THEN you need to be divorced for at least 2 years The 2-year period starts from the date of the final divorce decree, not from filing. But again, this only matters if he hasn't started collecting his own retirement benefits yet.

my sister went thru similar situaton... she had to wait till divorce was FINAL not just filed... and yes its 2 years from finalizaton if ur ex isnt collecting yet but you said he retired so is probably already getting SS right?? then u dont need to wait the 2 yrs at all once divorce done but still need to be 62 for retirement benefits unless disabled

Just to clarify what others have said - the 2-year waiting period after divorce ONLY applies in situations where: 1. You were married 10+ years (you qualify here) 2. You are currently unmarried (you will be after divorce) 3. Your ex-spouse is eligible for benefits but has NOT yet filed for them Since your ex is already receiving his retirement benefits, you would be eligible to file for divorced spouse benefits as soon as your divorce is finalized, assuming you're age 62+. At 60, you'd need to wait until you reach 62 regardless of your divorce status. One important note: if you file before your Full Retirement Age (FRA), your spousal benefit amount will be permanently reduced. At 62, you'd get approximately 32.5% less than if you waited until your FRA. If you can afford to wait, the benefit amount increases.

I was in almost the exact same situation 3 years ago - 30+ year marriage, husband moved away. I spent HOURS trying to reach someone at SSA to get clear answers. The phone lines were always busy or I'd get disconnected after waiting forever. Eventually I discovered Claimyr (claimyr.com) which got me connected to an actual SSA agent in about 20 minutes. They have a demo video that shows exactly how it works: https://youtu.be/Z-BRbJw3puU The agent confirmed what others are saying - since my ex was already collecting benefits, I didn't need to wait 2 years after the divorce. But there were other factors about my specific situation that made a big difference in my benefit amount. Definitely worth speaking directly with SSA about your particular case.

everyone here is forgetting that she's only 60!! doesn't matter about divorce waiting period if you're not old enough to collect anyway! you need to be 62 for divorced spouse benefits unless you're caring for his child under 16 or disabled.

Wait, can I just point out that it sounds like your husband just up and left you after 32 YEARS to move across the country?! And now you're worried about Social Security rules?? Girl, you need to talk to a divorce attorney ASAP about a lot more than just Social Security! After a 32-year marriage, you're likely entitled to a significant portion of his retirement accounts, property, possibly alimony, etc. Please get proper legal advice - Social Security is just one small piece of your financial future after such a long marriage.

One additional point that hasn't been mentioned - even after your divorce is finalized and you're 62, you should run calculations to determine whether it's better to take your own benefit or the divorced spouse benefit. You're entitled to the higher of the two. Also, if you take benefits at 62 (either your own or divorced spouse benefits), they'll be permanently reduced. If your own work record might eventually provide a higher benefit, you might want to consider alternatives. There are complex strategies depending on your specific situation. I'd recommend speaking with a financial advisor who specializes in Social Security claiming strategies in addition to consulting directly with SSA.

Hey just wondering - do you know if your husband worked for government with a pension not covered by SS? If so, there's all these complicated WEP/GPO rules that could really mess things up! My friend's ex had a state job and she got way less than expected!!

I'm sorry you're going through such a difficult situation after 32 years of marriage. Based on what you've shared, since your ex-husband is already collecting his retirement benefits, you should be able to claim divorced spouse benefits as soon as your divorce is finalized - no 2-year waiting period required. However, since you're currently 60, you'll need to wait until you're 62 to actually collect those benefits anyway. This might actually work in your favor timing-wise, as it gives you time to get the divorce finalized without worrying about that 2-year clock. One thing to keep in mind: divorced spouse benefits are based on your ex's full benefit amount, but if you claim at 62 (the earliest possible age), you'll receive a reduced amount - about 32.5% less than if you waited until your full retirement age. Given your situation, you might want to calculate whether waiting a few more years would be worth the increased monthly benefit. I'd strongly recommend getting your earnings record from SSA to see what your own benefit would be versus the divorced spouse benefit, so you can choose whichever is higher when the time comes. Wishing you the best as you navigate this challenging transition.

Just wanted to add one important point that might help with your planning - you can actually apply for divorced spouse benefits up to 4 months before you turn 62, even though the payments won't start until your 62nd birthday. This can help speed up the process since SSA applications can take time to process. Also, regarding the timing of your divorce, there's no rush from a Social Security perspective since you'll need to wait until 62 anyway. But definitely keep all your divorce paperwork organized - SSA will need certified copies of the final divorce decree when you apply. One last thing: once you do start receiving divorced spouse benefits, getting remarried would generally end those benefits (unless you remarry after age 60). Just something to keep in mind for future planning. Your situation is actually more common than you might think, and SSA is used to handling these cases. Hang in there!

I went through a very similar situation a few years ago, and I want to echo what others have said about the 2-year rule. Since your husband is already collecting his retirement benefits, you won't need to wait 2 years after the divorce is finalized - you can apply for divorced spouse benefits as soon as the divorce is final and you turn 62. One thing I wish someone had told me earlier: consider requesting your Social Security Statement online at ssa.gov to see your estimated benefits based on your own work record. Even though you worked part-time, you might be surprised at what your own benefit could be. Sometimes the divorced spouse benefit (which maxes out at 50% of your ex's full retirement age benefit) isn't necessarily higher than your own, especially if you factor in the early retirement reduction. Also, don't forget that you can switch between benefits if circumstances change. For example, if you start with your own reduced benefit at 62, you could potentially switch to the divorced spouse benefit later if it becomes advantageous. The emotional part of this is just as challenging as the financial planning. Take care of yourself through this process - 32 years is a long marriage to untangle, and it's completely normal to feel overwhelmed by all the details.

I'm so sorry you're going through this difficult transition after 32 years. The good news is that everyone here is correct - since your ex-husband is already collecting his retirement benefits, you won't need to wait the 2-year period after your divorce is finalized. You can apply for divorced spouse benefits as soon as the divorce is final and you reach age 62. Since you're 60 now, this timing might actually work out well. By the time you turn 62, your divorce will likely be completed, so you won't have to worry about any waiting periods at all. One thing I'd add is that you might want to consider consulting with a certified financial planner who specializes in Social Security strategies. They can help you model different scenarios - like taking reduced benefits at 62 versus waiting until your full retirement age for the unreduced amount. With a 32-year marriage and your work history, there may be claiming strategies that could maximize your lifetime benefits. Also, make sure you understand how divorced spouse benefits work with your own benefits. You'll be entitled to whichever is higher, but the timing of when you claim each one can affect the total amount you receive over your lifetime. Take care of yourself during this challenging time - you're dealing with a lot of major life changes all at once.

I'm really sorry you're going through this challenging situation. After reading through all the responses, I think you've gotten some excellent advice that should give you peace of mind about the timing. Since your husband is already collecting his retirement benefits, you're absolutely right that you won't need to wait the 2-year period after divorce - that rule only applies when the ex-spouse hasn't started collecting yet. The fact that you're 60 now actually gives you some breathing room. By the time you turn 62 and can claim divorced spouse benefits, your divorce will likely be finalized, so everything should align timing-wise. I'd also suggest creating a checklist of all the documents you'll need when you do apply - certified copy of your final divorce decree, marriage certificate, birth certificate, etc. Having everything organized ahead of time can make the application process smoother when you're ready to file. One more thought: while you're waiting and planning, consider whether there are any opportunities to increase your own Social Security credits by working more if that's feasible for you. Even a couple more years of higher earnings could potentially boost your own benefit calculation. Wishing you strength as you navigate this major life transition. You're asking all the right questions and planning thoughtfully, which will serve you well.

I want to add something that might be helpful for your planning - once you do start receiving divorced spouse benefits, they won't affect your ex-husband's benefits at all. His payments will stay the same whether you claim on his record or not. This is different from current spouse benefits, where there can be interactions between what each spouse receives. Also, keep in mind that divorced spouse benefits are calculated based on your ex-husband's Primary Insurance Amount (PIA) - which is what he would receive at his full retirement age, not necessarily what he's actually receiving now if he claimed early or delayed his benefits. So even if he took reduced benefits by claiming before his FRA, your divorced spouse benefit calculation would still be based on his unreduced amount. This might actually work in your favor depending on when he started collecting. Just another factor to consider when you're running those benefit comparisons everyone has mentioned. The SSA representatives should be able to explain exactly how this would work in your specific situation when you're ready to apply.