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Social Security spousal benefits from ex-husband - do I need to wait until FRA to avoid reduction?

I'm trying to figure out when I should claim my Social Security benefits. I'm 62 and divorced after being married for 17 years. I know I can claim benefits on my ex-husband's record since we were married over 10 years and I haven't remarried. What I can't figure out is whether I have to wait until my full retirement age (67 for me) to get the full 50% of his benefit amount, or if I can claim earlier but get a reduced amount? Also, if I claim my own benefits now at 62 (reduced), can I switch to the ex-spouse benefit later when I reach FRA if it's higher? My own benefit would be about $1,450/month at 62, but my ex makes a lot more than I do, so his benefit might give me more. So confused about all this!

Yes, you have to wait until your Full Retirement Age to receive the full 50% of your ex-husband's Primary Insurance Amount (PIA). If you claim ex-spousal benefits before your FRA, they will be permanently reduced. At 62, the reduction would be about 30%, so you'd get approximately 35% of his PIA instead of the full 50%. Important: Since 2016 (due to the Bipartisan Budget Act), you can no longer choose which benefit to take first. When you apply for either your own or ex-spousal benefits, SSA automatically gives you whichever is higher. This is called "deemed filing." You can't switch later except for COLAs and additional earnings credits.

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Oh no, really? I thought I could take mine early and then switch to his later when I reach FRA. So I have to pick one and stick with it forever? That makes this decision a lot harder!

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my aunt did this last year and its a MESS! she thought same thing and took her benefits at 63 then found out she couldnt switch to her exs later, ended up with way less then expected. don't make her mistake!!

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Thanks for sharing that. I'm definitely worried about making a permanent mistake. Did your aunt ever figure out what she should have done differently?

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The deemed filing rules changed everything! I made this exact mistake in 2021 by claiming early at 62 thinking I could switch to my ex-husband's benefit at my FRA. The SSA rep even told me over the phone I could switch later (they were wrong). Now I'm permanently stuck with the reduced amount. Make SURE you understand all your options before filing anything.

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That's terrible! I'm so sorry that happened to you. Did you try to appeal the decision when you found out the SSA rep gave you wrong information?

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I tried appealing but they said the law is clear and that verbal advice from a rep doesn't change what's in the regulations. I was out of luck. I even filed a formal complaint but nothing came of it except an apology letter saying reps sometimes make mistakes.

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This is exactly why I don't trust anything SS reps say over the phone! Too many horror stories of getting wrong info. Always get it in writing!!

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Here's what you should know: 1. If you apply now at 62, you'll receive the higher of: your own reduced retirement benefit OR the reduced ex-spousal benefit 2. The reduction is permanent - about 30% less at age 62 3. You can check both amounts by creating a my Social Security account and looking at your Statement 4. To get the FULL 50% ex-spousal benefit, you must wait until your Full Retirement Age The calculation is: if your ex's PIA (full retirement benefit) is $3,000, you could get $1,500 at your FRA. But at 62, that would be reduced to about $1,050.

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Thank you for breaking it down so clearly. I need to figure out what my ex's PIA actually is. Do I need to contact him to find this out, or can the SSA tell me?

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The SSA WONT tell you ahead of time!!!! I went through this last year with my ex. You have to actually APPLY for the benefit before they'll tell you what you'll get. It's completely ridiculous! How are we supposed to make a decision without knowing the numbers?? The whole system is designed to confuse people so they take less than they deserve!!!

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This isn't entirely accurate. While SSA won't disclose your ex's specific earnings records to you (privacy issues), they can and will provide estimates of what your ex-spousal benefits would be if you schedule an appointment. You don't need to formally apply first. They just need to verify your marriage and divorce records to establish eligibility.

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I just went through this exact situation last month. I couldn't get through to anyone at Social Security for weeks - kept getting busy signals or disconnected. I finally used Claimyr.com to get through to a live agent in under 10 minutes. They connected me directly to SSA and I got all my ex-spouse benefit questions answered in one call. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU The agent confirmed I'd get more by waiting until my FRA to claim the ex-spousal benefit. Definitely worth making an appointment to discuss your specific situation.

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That sounds really helpful. I've been trying to get through to my local office for days with no luck. I'll check out that service because I really need to speak with someone who can look at my specific situation.

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dont forget hes gotta be at least 62 for you to get his benefits even if ur divorced!! my friend tried to claim on her ex who was younger and couldnt get anything til he turned 62 even tho she was 65!

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That's an important point! The ex-spouse doesn't need to have actually filed for benefits, but they do need to be at least 62 (eligible for benefits) before you can collect divorced spouse benefits.

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One thing nobody has mentioned yet: if you're still working, be aware of the earnings test. In 2025, if you claim any Social Security before your FRA and earn more than $23,000, they'll withhold $1 in benefits for every $2 you earn above that limit. So if you're still working with substantial income, that's another reason to potentially wait until your FRA to file. This earnings limit disappears completely once you reach your Full Retirement Age.

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Oh, I hadn't considered that! I'm still working part-time (about $19,000/year), so I'm under that limit right now. But I might pick up more hours next year, so that's definitely something to consider.

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Does anyone know if you need your ex's permission to claim on their record? My ex would HATE knowing I'm getting benefits from his record and might try to block it somehow.

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No, your ex has no say in the matter, and SSA doesn't even notify them when you file for divorced spouse benefits. Your ex's own benefit amount is not affected at all by you claiming on their record.

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After reading all the comments, here's my advice for your situation: 1. Create a my Social Security account online if you haven't already 2. Schedule an appointment with SSA to get estimates of both your retirement benefit AND your ex-spouse benefit (both at 62 and at FRA) 3. Consider your current and future income needs 4. Consider your life expectancy (longer life = advantage to waiting) 5. Consider whether you'll continue working (earnings test) Most financial experts recommend waiting until at least FRA if you can afford to, especially for women who typically live longer. The permanent reduction from filing early can really add up over a 20+ year retirement.

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Thank you for this detailed advice. I've created my SSA account but can only see my own benefit estimates. I'm going to try to get an appointment to discuss the ex-spouse benefits. I appreciate everyone's help with this complicated decision!

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