Social Security ex-spouse benefits - can I claim at 59 when ex-husband is 70?

No, you can't claim at 59. The earliest age to claim spousal benefits (including ex-spouse benefits) is 62. At 62, you'd get about 32.5% less than if you waited until your Full Retirement Age (FRA). For divorced spouse benefits, you need to have been married at least 10 years (check), be unmarried currently (check), and your ex needs to be eligible for benefits (check since he's already collecting). When I was in a similar situation, I called literally 37 times before getting through to someone at SSA. Then I discovered Claimyr.com which got me connected to an agent in under 10 minutes. They have a demo video at https://youtu.be/Z-BRbJw3puU that shows how it works. Saved me hours of frustration.

my aunt tried getting her exes ss but they denied her bc she remarried did u remarry??

You absolutely have to wait until 62 to claim any Social Security retirement benefits, including ex-spouse benefits. But there's something really important you should know: when you apply at 62, the SSA will automatically give you whichever is higher - your own benefit or the ex-spouse benefit (technically, your own plus a supplement to equal the ex-spouse amount). And if you're still working before your Full Retirement Age, you'll be subject to the earnings test. In 2025, if you earn more than $23,400 (estimated), they'll withhold $1 in benefits for every $2 you earn above that limit. Since you mentioned having lower benefits due to taking time off for childcare, you should also look into the Child-in-Care spousal benefits, but those typically only apply if you're still caring for a child under 16 or disabled.

I'm in almost EXACTLY the same situation!!! Except I'm 60 and my ex is 68. It's SO FRUSTRATING that we have to wait. I mean we were married all those years supporting them and now we can't even access the benefits yet??? The system is RIGGED against women who took time off to raise families!!!

One thing nobody's mentioned is that you should create a my Social Security account at ssa.gov if you haven't already. You can see your own estimated benefits there. Even though you have to wait until 62 to claim anything, it's worth knowing what YOUR benefit would be versus the ex-spouse benefit. Sometimes people are surprised that their own benefit is higher than they thought. Also, if you're struggling financially now, you might want to check if you qualify for any other assistance programs while you wait to reach 62. Depending on your income and resources, programs like SNAP or energy assistance might help.

wait i'm confused... if her ex already claimed his benefits shouldn't she be able to get them now? i thought that was how it worked, once they claim you can claim too

Thanks everyone for the helpful information. I'm disappointed that I need to wait until 62, but at least I understand the rules better now. I'm going to: 1) Check my own benefit estimates on the SSA website, 2) Look into assistance programs that might help in the meantime, and 3) Start planning for how the earnings test might affect me if I claim at 62 while still working. Really appreciate all the advice!

One last thing to consider: if your ex-spouse passes away before you claim benefits, the rules change. As a surviving divorced spouse, you could claim survivor benefits as early as age 60 (or 50 if disabled). Survivor benefits are different from ex-spousal benefits. Not something to hope for, of course, but important to know in case that situation arises.