When can I claim ex-spouse Social Security benefits at 60 with SSI disability?
I've been receiving SSI for about 3 years now since my disability wasn't enough for SSDI (didn't have the work credits). I'm 60 years old and got divorced in 2023 after 17 years of marriage. My ex-husband is 62 and still working - he's always made substantially more than I ever did. I'm struggling financially on just SSI and wondering when I'm eligible to apply for ex-spouse benefits on his Social Security record? Do I have to wait until I'm 62 or can I apply sooner because of my disability? Would it affect my current SSI payments? The SSA website has me completely confused about the rules for disabled divorced spouses.
24 comments


Zoe Alexopoulos
You can actually apply for divorced spouse benefits as early as age 62, but since you're on disability through SSI, the rules are a bit different. You need to meet these requirements: 1. Be at least 62 years old (so you have 2 more years to wait) 2. Have been married for at least 10 years (you qualify with 17 years) 3. Be currently unmarried (you are) 4. Your ex must be at least 62 and eligible for benefits (he is, even if he's not claiming yet) Since you're on SSI, any additional income from Social Security will reduce your SSI payment dollar-for-dollar after the first $20. But the total amount might still be higher than your current SSI payment alone.
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Andre Lefebvre
•Thank you for the clear explanation! So I definitely have to wait until I'm 62 even with my disability? I was hoping there might be some special provision that would let me apply earlier since I'm already considered disabled by SSA. I'm just barely getting by on SSI.
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Jamal Anderson
my aunt was in the exac same boat!!! she had to wait till 62 even tho she got SSI for disability. its so dumb because if ur disabled they should let u get it early!!
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Andre Lefebvre
•That's what I was afraid of. It's really tough trying to survive on just SSI. Did your aunt end up getting more total money once she turned 62 and applied for the ex-spouse benefits?
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Mei Wong
There's actually one important exception to the age 62 requirement that applies to your situation. If you're receiving disability benefits, you can potentially claim divorced spouse benefits before age 62. Since you're on SSI (not SSDI), the rules are different than for someone on SSDI. For SSDI recipients, they can claim spousal benefits at any age if they're disabled. For SSI recipients, you generally still need to wait until age 62. However, you should definitely speak with an SSA representative directly about your specific situation. Sometimes there are exceptions depending on your work history and disability onset date that might make you eligible sooner.
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Andre Lefebvre
•Oh wow, that gives me some hope! I'll definitely try to talk to someone at SSA about my specific situation. Do you happen to know which section of their rules covers this exception? I'd like to read up on it before I call them.
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QuantumQuasar
I went through this exact nightmare last year. Been trying to reach SSA for MONTHS about this same question. Kept getting disconnected or waiting 2+ hours only to get transferred and disconnected again. FINALLY I found this service called Claimyr that got me through to a real person at SSA in about 20 minutes. They scheduled me for an appointment to discuss my ex-spouse benefits options. Here's their site if you want to check it out: claimyr.com They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Much better than wasting days trying to get through on your own. The SSA rep I spoke with actually went through my entire file and found some special provisions that applied in my case.
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Liam McGuire
•does this really work? i been trying to get thru to ssa for weeks!! might try this if it actually works
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QuantumQuasar
•Yes, it actually worked for me! After weeks of failed attempts, I got through in under 30 minutes. The SSA rep I spoke with said they're completely overwhelmed with calls right now which is why it's so hard to get through on your own.
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Amara Eze
I HATE how confusing they make all this!!! I'm in almost the same situation (59, disabled, divorced 4 years ago after 20 year marriage) and I've gotten different answers from every single person at SSA I've talked to. One told me I could apply at 60, another said 62, and a third said I had to wait until my ex starts collecting HIS benefit first!?!? NOBODY SEEMS TO KNOW THE ACTUAL RULES. So frustrating.
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Zoe Alexopoulos
•The confusion often happens because there are different rules for different situations. To clarify: 1. If you're receiving SSDI (not SSI), you can get divorced spouse benefits at any age if you're disabled. 2. If you're receiving SSI only, you generally need to wait until age 62. 3. Your ex does NOT need to be collecting their benefits, but they must be at least 62 and eligible to collect. 4. There are exceptions based on specific circumstances that only a skilled SSA representative reviewing your full file would catch. This is why getting accurate information from a knowledgeable SSA representative is so important.
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Giovanni Greco
Something important to consider - even if you qualify for ex-spouse benefits at 62, taking them that early means you'll only get about 70% of what you'd get if you waited until your Full Retirement Age (probably 67 for you). So you might want to calculate if it's better to wait a bit longer if you can manage it financially. But I understand SSI payments are pretty low, so getting something sooner might be better than waiting for the full amount.
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Andre Lefebvre
•That's a really good point about the reduced benefits. Unfortunately, I don't think I can afford to wait - my SSI is only $941/month and my rent alone is $775. Even a reduced amount from ex-spouse benefits would help tremendously right now.
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Liam McGuire
my sister gets both ssi and her ex husbands ss... she gets like $200 less in ssi but overall she gets more money each month... they just reduce ur ssi but its still better than just ssi alone
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Andre Lefebvre
•That's exactly what I'm hoping for - even with the SSI reduction, to end up with more total money each month. Every dollar helps at this point. May I ask how much more in total your sister ends up with?
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Liam McGuire
•i think she gets like $350 more total each month which makes a huge difference for her
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Jamal Anderson
Wait isn't there some kinda rule about collecting early if you take care of children?? My cousin did that but maybe that's different
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Zoe Alexopoulos
•You're thinking of a different provision. If you're caring for a child under 16 (or disabled) who receives benefits on your ex-spouse's record, then you can receive divorced spouse benefits at any age. It doesn't sound like that applies to the original poster's situation though.
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Mei Wong
One more technical detail - since your ex is 62 but still working, be aware that even if you become eligible for divorced spouse benefits at 62, the amount might be affected by the family maximum benefit (FMB) if your ex has other current dependents receiving benefits on his record (like a new spouse or minor children). This wouldn't reduce your benefit if he's not yet collecting, but it's something to be aware of for future planning.
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Andre Lefebvre
•I hadn't even thought about that. As far as I know, he hasn't remarried and our children are all adults now. But I'll definitely ask about the family maximum when I speak with SSA. This whole system is so complicated!
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Dylan Mitchell
I'm new to this community but wanted to share what I learned when I was in a similar situation. The key thing to understand is that SSI disability and SSDI disability have completely different rules for spousal benefits. Since you're on SSI (not SSDI), you're treated more like a regular non-disabled person when it comes to spousal benefits - meaning you have to wait until 62. The good news is that even though your SSI will be reduced dollar-for-dollar (minus the $20 disregard), you'll likely still come out ahead financially. I'd recommend calling SSA and asking them to do a "what if" calculation for you so you know exactly what to expect at 62. Also, make sure to ask about any state supplements you might be eligible for - some states have programs that can help bridge the gap. Hang in there - two more years feels like forever when you're struggling, but you're almost there!
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Daniel Rivera
•Thank you so much Dylan! That's really helpful to know about the "what if" calculation - I had no idea SSA could do that for me. I'll definitely ask about that when I call them. The state supplement idea is interesting too - I'm in Pennsylvania so I'll look into what might be available here. It's reassuring to hear from someone who went through something similar. Two years does feel like an eternity when you're barely scraping by, but knowing there's light at the end of the tunnel helps!
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Sean Flanagan
I'm sorry to hear about your difficult financial situation. As others have mentioned, you'll likely need to wait until age 62 to apply for divorced spouse benefits since you're receiving SSI rather than SSDI. However, I'd strongly encourage you to contact SSA directly to verify this, as there can sometimes be special circumstances that aren't immediately obvious. One thing that might help in the meantime - have you looked into whether you qualify for any other assistance programs? Things like SNAP (food stamps), Medicaid if you don't already have it, utility assistance programs, or local food banks can help stretch your SSI further. Many areas also have housing assistance programs specifically for disabled individuals that might help with that high rent burden you mentioned. Also, when you do reach 62 and apply, make sure to file your application the month you turn 62 (not before) to avoid any delays. The SSA representatives should be able to walk you through exactly how the benefit calculation will work with your SSI payments so you know what to expect financially.
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Amelia Martinez
•This is really comprehensive advice, Sean! I hadn't thought about looking into additional assistance programs - I've been so focused on the Social Security side of things. I do have Medicaid already, but I should definitely check into SNAP and utility assistance. My electric bill has been brutal this winter. The tip about applying the month I turn 62 is super helpful too - I would have probably applied early and caused myself delays. Thanks for taking the time to lay all this out so clearly for someone new to navigating this system!
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