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When can I apply for ex-spouse Social Security benefits while on SSDI at 62?

I've been receiving SSDI for the last 3 years (I'm 62 now) after a workplace injury left me unable to continue my career. My ex and I were married for 25 years before divorcing 4 years ago. He's 61 and still working, hasn't filed for any SS benefits yet. I'm confused about when/if I can apply for spousal benefits based on his record. Do I have to wait until he files for his own benefits first? Does being on SSDI change anything about how ex-spousal benefits work? My monthly SSDI payment is only $1,620 and I'm struggling to keep up with expenses. Any help would be so appreciated!

You can apply for divorced spouse benefits as long as you've been divorced for at least 2 years, which you have. You don't need to wait for your ex to file for his own benefits first. However, since you're already receiving SSDI, you'll only get additional benefits if your ex-spouse's record would provide a higher benefit amount. SSA will pay the higher of the two, not both benefits combined.

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This ⬆️ is correct! I went through this exact situation. Your ex doesn't need to file first if you've been divorced 2+ yrs. They just need to be "eligible" for benefits, even if they haven't applied yet.

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I'm in a similar situation but my ssdi is more than what id get from my ex husband so they told me I can't get any spousal benefits! its ridiculous!!! I was married 22 years and now im getting NOTHING from his record. you should call SSA and ask your specific situation, but be prepared to wait on hold FOREVER

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Noah Ali

Thank you for sharing your experience. I'm worried my SSDI might be higher too, but I won't know until I check. The thought of waiting on hold for hours makes me anxious, especially with my chronic pain issues that make it hard to sit for long periods.

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Here's a clearer explanation of how this works in your situation: 1. You can apply for divorced spouse benefits since you were married over 10 years and have been divorced for at least 2 years. 2. Since you're already on SSDI, you'll be subject to what's called "dual entitlement". This means you'll receive your own SSDI benefit PLUS the difference if the spousal benefit is higher. 3. The maximum spousal benefit is 50% of your ex's Primary Insurance Amount (PIA) - basically what he'd get at his full retirement age. 4. If your SSDI is already higher than 50% of his PIA, you won't receive additional money. 5. You can still file now - you don't need to wait until he's collecting benefits. I'd recommend calling SSA to find out what your potential benefit amount would be before getting your hopes up.

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wait i thought it was only 50% if you wait till YOUR full retirement age? if OP is only 62 won't she get less than 50%??

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You know what's completely ridiculous about this whole system? If you get $1620 in SSDI and your ex-husband's record would qualify you for $1650 as a spousal benefit, you'll only get an extra $30 a month!!! THIRTY DOLLARS after 25 YEARS of marriage! The system is BROKEN. This happened to my sister and it's just INSULTING.

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Noah Ali

Wow, only $30 difference would be frustrating after such a long marriage. Do you know if your sister had to provide a lot of documentation to even get that small amount?

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Totally agree with everyone saying to check if it's worth it first. My neighbor was so excited to apply for ex-spouse benefits and went through the whole process only to find out her SSDI was $75 more than what she'd get as an ex-spouse. Complete waste of time and got her hopes up for nothing!

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YUP! SSA should tell people this BEFORE making them fill out 500 forms and wait 3 months for an answer!!

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Drake

I tried calling SSA about a similar issue last month and spent 3 hours on hold before getting disconnected. I used Claimyr (claimyr.com) after a friend recommended it - they got me connected to an actual SSA agent in about 15 minutes. Saved me so much frustration! They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Definitely worth it for complicated questions like yours that need a real person to answer.

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Noah Ali

Thank you for this suggestion! I'll check out that service. My hands start to cramp badly if I hold a phone for too long, so waiting on hold for hours isn't really an option for me.

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has anybody else noticed that the rules r different depending on which SSA person u talk to?? i swear i called twice about my ex-spouse benefits and got completely different answers!! so frustrating!

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This happens because some SSA representatives are more knowledgeable about specific rules than others. For complex situations like divorced spouse benefits combined with SSDI, always ask to speak with a Technical Expert if the first person seems unsure or gives vague answers.

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One important detail I forgot to mention: if you apply for the divorced spouse benefit, make sure you specify you're applying for the "divorced spouse benefit" and not trying to file on your own record again. Sometimes the intake people get confused when you're already receiving SSDI and try to tell you that you've already filed. Be specific that you're filing for the additional benefit based on your ex-spouse's record.

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Noah Ali

This is really helpful advice - I wouldn't have known to be specific about that. I'll make sure to use those exact words when I apply. Thank you!

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