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Nia Davis

Social Security ex-spouse benefits without knowing his SSN - how to apply when I reach FRA?

I'm going to hit my full retirement age (FRA) in two years, and I'm trying to figure out the whole ex-spouse benefit situation. My ex-husband is two years older than me, so he'll be at his FRA already when I'm eligible. We were married for over 25 years before divorcing about 6 years ago, but I don't have his Social Security number. Will that stop me from claiming on his record? I worked part-time most of my life while raising our kids, so my benefit would be significantly less than half of his. I've heard I might be eligible for more based on his earnings, but have no idea how to start this process without his SSN. Does anyone know what information SSA needs from me? Do they contact him about this?

You absolutely can claim on your ex-spouse's record without knowing his SSN! I help people with this situation frequently. Since you were married more than 10 years (the minimum requirement), you'll qualify as long as you've been divorced at least 2 years (which you have). When you apply, bring your marriage certificate and divorce decree to your appointment. SSA can locate his record with his name and date of birth. They won't notify him - this doesn't affect his benefits at all. At your FRA, you can get up to 50% of his FRA benefit amount if that's higher than your own benefit.

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Nia Davis

Author

That's such a relief! I was worried they'd need his SSN or would contact him (we're not exactly on speaking terms). So I just need to make an appointment at my local office when I'm close to my FRA? Should I file for my own benefits first or do it all at once?

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DONT LISTEN TO THE PERSON ABOVE!!!! My sister tried to get benefits on her ex and they ABSOLUTELY contacted him and it was a NIGHTMARE!!! They made her provide everything under the sun and then denied her anyway. The system is rigged against divorced women!!!

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I'm sorry your sister had a bad experience, but SSA policy is clear that they don't contact the ex-spouse. Something unusual must have happened in her case. Perhaps there was an issue with the marriage duration or other eligibility factors? The process can be frustrating, but the rules do protect divorced spouse rights when all requirements are met.

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When I applied for my ex-spouse benefits, I just brought my marriage certificate and divorce papers like the first person said. My ex passed away so it was a little different (survivor benefits), but they never would have contacted him anyway. Good luck!

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Do you know if hes already collecting? Because that matters too, I think. If he hasnt filed yet you might have to wait until he does? Not 100% on that part tho

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That's partially correct. If they've been divorced for at least 2 years (which OP has), she can collect even if he hasn't filed yet, as long as he's eligible for benefits (age 62+). If they'd been divorced less than 2 years, then yes, he would need to have filed first. This is called the two-year rule for divorced spouse benefits.

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Getting an appointment with SSA is the hardest part of this whole process! I tried for weeks to get through on their 800 number last year when helping my mom with something similar. I finally found this service called Claimyr (claimyr.com) that gets you through to an agent quickly. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Saved me hours of frustration, and the SSA agent was able to schedule an in-person appointment for my mom to bring in her documents.

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Nia Davis

Author

Thanks for the tip! I've been worried about getting an appointment. Their phone system is notorious. I'll check out that video.

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I went thru this last year. Quick tip: make sure ur marriage certificate is an official copy not a photocopy. They rejected mine first time and I had to go back to my home state to get another certified copy. Such a pain!!

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Everyone's focused on the paperwork, but let me add something about the actual benefit calculation. When you file, you'll automatically get whatever's higher - your own benefit or the divorced spouse benefit (up to 50% of his FRA amount). BUT, if you file before your own FRA, you'll get a reduced amount of whichever benefit applies. That's why waiting until your full retirement age is smart if you can. Also, divorced spouse benefits don't earn delayed retirement credits, so there's no advantage to waiting past your FRA to file for those (unlike with your own benefit).

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Nia Davis

Author

That's really helpful information about the timing. I was planning to wait until my FRA anyway, but good to know there's no advantage to waiting longer for ex-spouse benefits. I'm starting to feel like I have a plan now!

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Just wondering but does anyone know if she can still get spousal benefits if her ex passes away? Would they convert to survivor benefits? My friend is in a similar situation.

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Yes, if the ex-spouse passes away, divorced spouse benefits convert to divorced survivor benefits, which can be up to 100% of what the ex was receiving (or would have received). The 10-year marriage rule still applies, but survivor benefits are substantially higher than spousal benefits. There are different rules about when to claim them though, as survivor benefits can be taken as early as age 60.

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btw they're going to ask for your bank account info for direct deposit so have that ready for your appointment!!

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This is such valuable information! I'm in a similar situation - divorced after 18 years, approaching my FRA next year. One thing I'd add is that you might want to create a my Social Security account online at ssa.gov if you haven't already. You can see your benefit estimate there, which will help you compare your own benefit to what 50% of his might be. Also, when you do make that appointment, consider asking them to run both scenarios (your benefit vs. ex-spouse benefit) so you can see the exact numbers. Sometimes the difference isn't as much as people expect, but it's worth checking since you put in all those years of marriage!

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