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Social Security spousal vs. survivor benefits when ex-husband is on disability (SSDI)

Hi everyone, I need advice about ex-spousal benefits and survivor benefits. My ex-husband (divorced 5 years ago after 17 years of marriage) is currently 65 and receiving disability benefits. I'm 62 but haven't filed for Social Security yet. I'm confused about a few things: 1. When my ex turns 66, will his disability automatically convert to regular retirement benefits? Or does SSDI continue? 2. If something happened to him, would I be eligible for survivor benefits as his ex-wife? 3. Would those survivor benefits be based on his disability amount or what his retirement would have been? I'm trying to figure out if it's better for me to claim on my own record now or wait. My work history is spotty because I stayed home with our kids for several years. Any insights would be really helpful!

Yes, you would qualify for survivor benefits as an ex-spouse since you were married more than 10 years. When your ex turns FRA (Full Retirement Age), his SSDI automatically converts to regular retirement benefits, but the amount stays the same. As for survivor benefits, you'd receive what he was getting at the time of death (whether SSDI or retirement), assuming that's higher than your own benefit. Since you're only 62, claiming survivor benefits would mean taking a reduction. If you wait until your FRA, you'd get 100% of his benefit. Might be worth waiting if possible.

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Thank you, that clarifies a lot! So his SSDI amount would just become his retirement benefit automatically? And if I understand correctly, I could get that full amount as a survivor benefit if I wait until my FRA? About how much of a reduction would I face if I claimed survivor benefits at 62 instead of waiting?

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my ex was also on disabilty. when he died i got surviver benifits but they took out like 30% cuz i was only 60 when i filed. wish id waited but needed the $$$. just know they WILL reduce it if u take it b4 your full retirment age

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I'm sorry for your loss, and thank you for sharing your experience. That 30% reduction is significant! I'm still working part-time so maybe I should try to hold out until FRA if possible.

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To directly answer your questions: 1. Yes, SSDI automatically converts to retirement benefits when your ex reaches Full Retirement Age (currently 66 years and 2 months for someone born in 1960). The amount stays exactly the same - it's just an administrative change on SSA's end. 2. As a divorced spouse who was married more than 10 years and hasn't remarried, you qualify for survivor benefits if he passes away. 3. Survivor benefits would be based on 100% of what he was receiving at death (whether disability or retirement benefits). The key decision is whether to take reduced benefits at 62 (approximately 70.5% of the full amount) or wait until your FRA for 100%. Since you mentioned spotty work history, comparing your own benefit to potential survivor benefits is crucial for maximizing your income. Consider getting a benefits analysis from SSA to see the actual numbers before deciding.

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This is partly wrong. She can ALSO claim on her divorced spouse while he's ALIVE (not just survivor when he's dead) once she reaches 62, as long as they were married 10+ years and she's currently unmarried. That's different from survivor benefits. BUT she has to wait 2 years after divorce UNLESS he's already claiming benefits (which he is - SSDI counts). She should look at BOTH divorced spouse benefits (50% of his PIA if she waits till FRA) AND her own record!

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If your ex is receiving SSDI, that means he qualified for Social Security Disability Insurance based on his work credits. SSDI automatically converts to retirement benefits at Full Retirement Age, but the amount stays the same. As for survivor benefits - yes, you would qualify since you were married over 10 years and haven't remarried. You'd receive up to 100% of what he was receiving if you wait until your FRA to claim. However, don't overlook your current options! You may qualify for divorced spouse benefits NOW (up to 50% of his benefit) if you've been divorced at least 2 years. That's completely different from survivor benefits. At your age (62), here are your options: 1. Claim your own retirement early (reduced) 2. Claim divorced spouse benefits early (reduced) 3. Wait until FRA for maximum benefits The reduction at 62 is significant - about 30% less than waiting until FRA. If your own benefit is potentially higher than the spousal benefit, it might be worth waiting.

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Thank you! I had no idea I might qualify for divorced spouse benefits now. Would claiming those benefits affect what I could get from my own record later? I'm still working part-time and planning to continue for a few more years.

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Since you're still working, be careful about claiming any Social Security benefits before your Full Retirement Age (FRA). There's an earnings limit that could reduce your benefits temporarily if you earn too much. For 2025, if you're under FRA for the whole year, $1 in benefits is deducted for every $2 you earn above $22,240. So depending on your part-time income, claiming early might not make sense.

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Don't forget that this earnings limit DOESN'T affect you once you reach Full Retirement Age!!! They recalculate and give you credit for the months they withheld benefits. My sister totally didn't understand this and stopped working at 63 when she could have kept her job!

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The WHOLE SYSTEM is designed to CONFUSE us!! I've spent HOURS on the phone with Social Security trying to get simple answers about my ex's benefits and what I'm entitled to. Every representative tells me something different! I'm convinced they make it complicated on purpose so we get frustrated and just take the lower amount early. The government WANTS us to claim early so they pay out less overall!!!

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I understand your frustration. The system is definitely complex! But I've found that getting an appointment with a claims specialist (not just the frontline phone reps) makes a huge difference. They have more training on complicated situations like divorced spouse benefits and can run calculations specific to your situation. Have you tried using Claimyr to reach an agent quickly? I was getting disconnected constantly when calling SSA directly, but I used claimyr.com and got through in about 15 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. It helped me finally get accurate information about my divorced spouse benefits situation, which was similar to what the original poster is asking about.

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wait so can she get benifits from her ex NOW even tho hes still alive??? im confused about that part

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Yes, she can potentially claim divorced spouse benefits on her ex's record even while he's still alive IF: 1. They were married at least 10 years (she was - 17 years) 2. She's at least 62 (she is) 3. She's currently unmarried (she is) 4. They've been divorced at least 2 years OR her ex is already receiving benefits (he is on SSDI, so this requirement is met) The divorced spouse benefit would be up to 50% of her ex's Primary Insurance Amount if she waits until her Full Retirement Age. If she claims at 62, it would be reduced to about 35% of his PIA. This is completely separate from survivor benefits, which she would only be eligible for if he passes away.

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Thank you all for the helpful information! I had no idea I might qualify for benefits on my ex's record while he's still alive. I'm going to try to set up an appointment with SSA to get the specific numbers for my situation before making any decisions. It sounds like I should consider: 1. Whether my own benefit at FRA would be higher than 50% of my ex's 2. How much I'd lose by claiming early at 62 vs. waiting 3. How my current part-time income might reduce benefits due to the earnings test Is there anything specific I should ask the SSA representative when I talk to them?

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Ask them to run a benefit calculation that shows: 1. Your own retirement benefit amounts at different ages (62, FRA, 70) 2. Your potential divorced spouse benefit at different claim ages 3. What your potential survivor benefit would be if your ex-husband passed away 4. How the earnings limit would affect you based on your actual income Make sure to bring your most recent Social Security statement, your marriage and divorce decree dates, and your ex's Social Security number if you have it (though they can usually find his record without it). Also ask specifically about whether there are any advantages to filing a restricted application in your case. The rules changed in 2016, but depending on your birth year, you might have some special options.

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Something nobody mentioned yet: if your ex was the higher earner during your marriage, you might want to consider claiming divorced spouse benefits at 62 (reduced) and then switching to your OWN retirement benefit at 70 (when it will have maximized with delayed retirement credits). This strategy only works in certain situations though.

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but shes born after 1954 prolly so she cant do that filing a restricted application thing anymore right?? they changed the rules i think

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The previous commenter is partially right - the "file and suspend" and "restricted application" strategies were largely eliminated by the Bipartisan Budget Act of 2015. However, since you're 62 now, you were born in approximately 1963, which means you can't file a restricted application (that option ended for people born after January 1, 1954). When you file for any retirement benefit, you're deemed to be filing for all benefits you're eligible for, and you'll receive the highest amount. So you can't take ex-spouse benefits now and switch to your own later. Still worth getting the specific numbers from SSA to make the best decision for your situation.

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Thank you for that clarification! Yes, I was born in 1963, so it sounds like I need to make a more straightforward decision between claiming early (either my own or divorced spouse benefit, whichever is higher) versus waiting until FRA or even 70. I'm going to try to get an appointment with SSA. Sounds like getting accurate numbers is the key to making the right decision.

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Just wanted to add one more important point that might affect your decision - if your ex-husband remarries, it won't impact your eligibility for divorced spouse benefits or survivor benefits at all. His new marriage has zero effect on your benefits as long as YOU remain unmarried. I mention this because I see a lot of people worry unnecessarily about what their ex does after divorce. The 10+ year marriage rule protects your rights regardless of his future relationships. Also, since you mentioned having kids together - if any of your children are still under 18 (or disabled), they might be eligible for benefits on their father's SSDI record too. That's a separate benefit that doesn't reduce what you could get. Good luck with your SSA appointment! Having all the numbers will really help you make the best choice for your situation.

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Thank you so much for that additional information! That's really reassuring to know that his future marriage status won't affect my benefits. Our youngest is 19 and in college, so unfortunately no longer eligible for dependent benefits. I really appreciate everyone's help in this thread. It's clear I need to get those specific calculations from SSA, but having all this background information will help me ask the right questions and understand what they tell me. This community is so valuable for navigating these complex situations!

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I'm glad you're taking the time to research this thoroughly before making a decision! As someone who went through a similar situation with my ex-spouse's SSDI benefits, I wanted to add that when you meet with the SSA representative, make sure to ask about the "protected filing date" concept. If you're leaning toward waiting but are concerned about missing out on benefits, you can sometimes file a protective claim that establishes your filing date while you gather more information. This can be especially helpful if you're close to a birthday that might affect your benefit calculations. Also, don't be discouraged if the first representative you speak with seems unsure about divorced spouse benefits - unfortunately, not all SSA staff are equally knowledgeable about these more complex situations. If you don't feel confident in the answers you receive, it's perfectly acceptable to request to speak with a supervisor or schedule another appointment. One last tip: bring a copy of your divorce decree that shows the exact marriage dates. Sometimes there can be confusion about whether you truly meet the 10-year requirement, especially if there were separations before the final divorce.

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