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Social Security ex-spouse benefits - does my ex's FRA matter or can I claim at 62?

I've been divorced for 8 years now after a 16-year marriage. Currently 60 and starting to plan for retirement. My financial advisor mentioned I could potentially claim Social Security benefits on my ex-husband's record when he turns 62 next year (his earnings were substantially higher than mine). But then I read something that made me wonder if it matters when HE reaches full retirement age? The rules seem really confusing. Does anyone know if I get more if I wait until he reaches his FRA (which would be 67 I think)? And what about MY age - should I wait until I'm at MY full retirement age to maximize this benefit? The rules for divorced spouse benefits seem different than regular spousal benefits and I'm completely lost!

Connor O'Neill

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The most important thing to understand is that your ex's filing status doesn't matter AT ALL for divorced spouse benefits. That's different from current spouse benefits. As long as you were married 10+ years and are currently unmarried, you can file for divorced spouse benefits when YOU are 62, regardless of whether your ex has filed or not (as long as he's eligible for benefits and you've been divorced at least 2 years). But filing at 62 means you'll get a reduced benefit - only about 32.5% of his PIA instead of 50% if you wait until your FRA.

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Zainab Ismail

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Thanks for explaining! So his age doesn't matter, but MY age definitely does if I want the full 50%? That makes more sense. Is there any reason I should wait until he reaches HIS full retirement age though? Would that increase my benefit at all?

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Yara Nassar

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my sister did this last yr. she got WAY less $ becuz she filed at 62 for her exs record!!!! wish she waited til her FRA honestly

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Zainab Ismail

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Oh no, that's exactly what I'm afraid of! Do you know roughly how much less she got? I'm trying to weigh waiting vs. taking it early.

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Keisha Robinson

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You need to understand two important concepts here: 1. Your ex's filing status or age is completely irrelevant for divorced spousal benefits (as long as you've been divorced 2+ years). 2. YOUR age when you file is what determines the reduction. At your FRA you get 50% of his PIA (Primary Insurance Amount). File earlier and you get less - as much as a 30% reduction if you file at 62. One more critical point - if your own retirement benefit would be higher than the divorced spouse benefit, you'll get your own benefit amount instead. The SSA automatically gives you whichever is higher. I strongly recommend making an appointment with SSA to review your specific situation, but be prepared for long wait times if you call them. I recently had to call about my benefits and found a service called Claimyr that got me through to an agent in about 15 minutes instead of waiting for hours. You can see how it works at https://youtu.be/Z-BRbJw3puU or check their site at claimyr.com. It was a lifesaver in my situation.

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Zainab Ismail

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Thank you! This is very helpful. I had no idea they would automatically compare it to my own benefit. I'll definitely check out that appointment option - I've tried calling SSA twice before and got disconnected both times after waiting forever. Will look into the Claimyr thing too.

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GalaxyGuardian

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DONT LISTEN TO ALL THESE PEOPLE!!! the rules changed in 2015 with that budget bill thing! you can't CHOOSE anymore which benefit to take first!! they MAKE you take your own retirement first now and only give you extra if the divorce benefit is higher! all these people giving old advice!!

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Connor O'Neill

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That's partly right but not completely accurate. The deemed filing rules did change in 2015, but the OP will still get whichever benefit is higher when they file. They just can't file for one benefit and then switch to the other one later like people could before 2015.

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Paolo Ricci

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I went through this exact situation last year. Here's what I learned: your ex's age or whether they've filed does NOT matter for divorced spouse benefits. You can file as early as 62, but you'll get a reduced amount (I think around 32.5% of their benefit instead of 50% if you wait until your full retirement age). In my case, I waited until my FRA (66 and 4 months for me) to get the full 50% of my ex's benefit. It was worth the wait in my situation because my own work record benefit was lower than half of his. The SSA automatically gives you whichever is higher. One thing no one mentioned - if you're still working while collecting benefits before your FRA, be aware of the earnings limit ($21,240 in 2023, likely higher in 2025). If you earn over that, they'll withhold $1 in benefits for every $2 you earn over the limit.

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Zainab Ismail

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Thank you for sharing your experience! The earnings limit is definitely something I need to consider since I'm still working part-time. I'm wondering - did you have to provide any special documentation about your ex's earnings, or does SSA have all that information already?

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Amina Toure

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The whole system is designed to be confusing on purpose!! They don't want to pay out money so they make it impossible to understand when to file. I filed for divorced benefits last year and the entire experience was a nightmare. Waited 4 hours on the phone and then they said I needed more documentation. Then another 3 hour wait the next time. Our tax dollars at work 🙄

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Same experience here. The SSA phone system is completely broken. I ended up using Claimyr.com to get through to an agent quickly. Saved me hours of frustration when I was dealing with my widow benefits application. Their website explains how it works and there's a demo at https://youtu.be/Z-BRbJw3puU.

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Zainab Ismail

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Ugh, that sounds awful. I keep hearing horror stories about getting through to SSA. Did you end up getting it sorted out eventually?

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Yara Nassar

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wait can u claim on a ex spouse if their remarried????

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Keisha Robinson

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Yes, your ex-spouse's current marital status has absolutely no impact on your ability to claim divorced spouse benefits. As long as YOU are currently unmarried and your marriage lasted at least 10 years, you can claim on their record (assuming you meet the other eligibility criteria).

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Zainab Ismail

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Thank you everyone for the helpful information! Just to make sure I understand correctly: 1. My ex's age doesn't matter for my benefit amount 2. MY age when I file is what matters - 62 for reduced or my FRA for full 50% 3. SSA will give me whichever is higher - my own benefit or the divorced spouse benefit 4. I need to watch out for the earnings limit if I'm working I think I'll wait until my FRA to avoid the reduction, unless my financial situation changes. I appreciate all the advice!

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Keisha Robinson

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You've got it exactly right. One final tip - even though you're planning to wait until FRA, I'd recommend contacting SSA about 3 months before you plan to file just to make sure you have all the documentation you'll need. You'll typically need your divorce decree, marriage certificate, and possibly birth certificate.

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