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Social Security ex-spouse benefits at 62 while working - Will remarriage affect my claim?

I'm completely overwhelmed by SS benefit rules for divorced people! Here's my situation: I'm turning 62 this August and trying to figure out my options. Was married for 18 years to my ex (he's 66 now) and I was primarily a part-time worker while raising 3 kids. He earned significantly more than me throughout our marriage. I've only been working full-time for about 6 years at my current job, so my own SS benefits would be pretty minimal. My retirement savings are basically non-existent and I'm getting really anxious about my future. The complication: I've been with my boyfriend (59) for 3 years and we're discussing marriage. From what I understand, remarrying might affect my ability to claim on my ex's record? Can someone please explain: 1. If I claim ex-spouse benefits at 62, how much would I get while still working part-time? 2. Would remarrying before or after claiming change anything? 3. Would I get more by waiting until my full retirement age? I'm so lost in all these rules and terrified of making a mistake that costs me benefits I've earned through that long marriage. Any advice would be so appreciated!

You're right to be concerned about remarriage - it will completely eliminate your ability to claim ex-spouse benefits. If you remarry at ANY point, you cannot collect on your former spouse's record unless your new marriage also ends (divorce, death, etc). At 62, you'd get approximately 32.5% less than your full retirement age benefit amount from your ex's record. So if he would receive $2,000 at his full retirement age, your spousal benefit at 62 would be around $675 (50% of his benefit reduced by 32.5% for early filing). Also important: If you're working while collecting early Social Security benefits before your full retirement age (66+8 months in your case), you'll be subject to the earnings test. In 2025, you can only earn up to $22,320 without having benefits withheld ($1 withheld for every $2 earned above that limit). My advice: delay remarriage until you've carefully calculated what you'd lose in lifetime benefits.

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Thank you for this clear explanation! I had no idea remarriage would completely eliminate the ex-spouse benefit option. So if I understand correctly, even if I wait until my full retirement age, I still can't claim on my ex's record if I'm remarried? Also, with the earnings limit - does that apply if I'm claiming on my ex's record too? I'm currently making about $38,000/year and was hoping to keep working while starting to collect something.

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Let me clarify a few things about ex-spouse benefits that might help your decision: 1. The marriage must have lasted at least 10 years (yours was 18, so you qualify) 2. You must be unmarried at the time you apply 3. Your ex must be at least 62 (he is) 4. Generally, you must be at least 62 (which you will be soon) If you claim at 62, you'll receive a permanently reduced benefit - approximately 32.5% less than what you'd get at your full retirement age (FRA). And yes, the earnings test absolutely applies to ex-spousal benefits too. With your $38,000 annual income, you would have approximately $7,840 in benefits withheld for 2025 (($38,000 - $22,320) ÷ 2). However, these aren't permanently lost - SSA recalculates your benefit when you reach FRA to account for months benefits were withheld. One strategy to consider: If your own work record benefit will eventually be higher than the ex-spouse benefit, you could get married and just wait until you've maximized your own benefit.

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wait im confused do you need to be divorced for 10 years or married for 10 years? my sister was married 12 years but divorced only 3 years ago.

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To clarify for those following this thread - you must have been MARRIED for at least 10 years before the divorce. There's no requirement for how long you've been divorced. So your sister would qualify based on being married 12 years.

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oh ok thx that makes more sense!

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I went through ALMOST THIS EXACT SITUATION two years ago!!! It's crazy how similar our stories are. I was married 17 years, mostly stayed home with kids, and was dating a slightly younger guy when approaching 62. Let me tell you what I did after talking to THREE different SSA reps (had to call like 20 times to get through - NIGHTMARE). I decided to hold off on remarriage until I had claimed ex-spouse benefits. Started claiming at 62 and kept working part-time. YES they reduced my check because of the earnings test but I still got something! The MOST IMPORTANT THING they told me: once you start receiving ex-spouse benefits, remarrying after age 62 does NOT stop those benefits!!! That's a special rule for survivor benefits (widow/widower), NOT divorced spouse benefits!!! If you remarry at ANY AGE after divorce, you CANNOT get ex-spouse benefits!!! DON'T make my mistake - I almost remarried thinking I was "safe" after 62 until a knowledgeable agent finally clarified this rule!!

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Oh my goodness, thank you for sharing this! I'm so confused now because the earlier comments seemed to say different things about remarriage after 62. So just to be absolutely clear - are you saying that if I remarry at ANY point (before OR after claiming benefits, before OR after 62), I completely lose the ability to claim on my ex's record? This dramatically changes my plans!

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The previous commenter is correct and I should have been clearer in my response. For DIVORCED SPOUSE benefits, remarriage at ANY age will terminate your eligibility. The confusion comes because there's a special rule for SURVIVOR benefits (when an ex-spouse dies) that allows remarriage after 60 without losing benefits. But that's not applicable here since your ex is still living. From the SSA website: "If you remarry, you generally cannot collect benefits on your former spouse's record unless your later marriage ends (whether by death, divorce, or annulment)." This is one of the most confusing aspects of Social Security rules, so don't feel bad about the confusion!

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EXACTLY!!! I spent HOURS on the phone with different SSA reps because they kept giving me conflicting information!!! The rule about remarriage after 60/62 ONLY applies to survivor benefits (when ex-spouse is deceased). For regular divorced spouse benefits, ANY remarriage stops eligibility permanently unless that marriage ends too!!

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I had the WORST time trying to reach SSA to ask similar questions about my ex-spouse benefits last year. Spent literally 4+ hours on hold over multiple days, got disconnected twice, and when I finally got through, the person couldn't answer my specific questions! I ended up using a service called Claimyr (claimyr.com) that got me connected to a SSA agent in under 20 minutes. They have this system that navigates the phone tree and waits on hold for you, then calls you when an agent is on the line. Their video demo shows how it works: https://youtu.be/Z-BRbJw3puU It saved me hours of frustration and I got connected with a knowledgeable agent who clarified all my ex-spouse benefit questions. Might be worth checking out since these remarriage rules are so complicated and you want to make sure you're getting accurate information directly from SSA before making big life decisions.

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Thank you for this suggestion! I actually tried calling SSA yesterday and gave up after 45 minutes on hold. I'll definitely check out that service because I really need to speak with someone official about my specific situation. These remarriage considerations are much more complicated than I realized.

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My mom went through something similar! She was divorced after 22 years and was dating someone new when she was turning 62. She decided to wait on remarriage until she understood the rules better. One thing nobody has mentioned yet - have you checked what YOUR benefit would be based on your own work record? If you've been working full-time for 6 years and part-time for many years before that, you might have more credits than you realize. You can create an account on ssa.gov and see your estimated benefit amount. Sometimes people are surprised that their own benefit is actually higher than the ex-spouse benefit (which is max 50% of the ex's amount). Worth checking before making major life decisions!

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This is smart advice! 👍 I thought my own benefit would be tiny after being a SAHM for years but when I finally checked my SS statement I was shocked that I had enough credits for a decent benefit. Definitely create an account and look at your actual numbers before deciding anything!

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Thank you all so much for this helpful information! I created my SSA account last night and was surprised to see that my own benefit estimate at 62 would be about $1,125/month. My ex's FRA benefit amount would be around $3,200 based on what he's told me, so 50% of that would be $1,600, reduced to around $1,080 if I claim at 62. So it seems like there's not a huge difference between my own record and ex-spouse benefits in my case. BUT, the earnings test would affect either one while I'm still working. Based on all your advice, I think I'm going to: 1. Postpone any marriage plans until I've spoken directly with SSA 2. Try that Claimyr service to actually get through to them 3. Consider working a few more years to increase my own benefit Thanks again - you've all been so helpful in explaining these confusing rules!

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That sounds like an excellent plan! One last thing to consider: Since your own benefit at 62 ($1,125) is very close to what your ex-spouse benefit would be at 62 ($1,080), you might actually be better off claiming your own benefit and letting it grow. Reason: If you claim your own benefit at your Full Retirement Age instead of 62, it would be approximately 33% higher. But if you claim ex-spouse benefits at FRA instead of 62, you'd only get the flat 50% of his benefit. In your specific situation, maximizing your own benefit by waiting might be the best financial move regardless of marriage plans. Definitely discuss this with SSA when you reach them!

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That's an excellent point I hadn't considered! If my own benefit grows more by waiting than the ex-spouse benefit would, then remarriage wouldn't be such a financial penalty. I'll definitely ask about this specific comparison when I talk to SSA. Thank you!

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