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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.

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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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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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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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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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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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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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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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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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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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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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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i think she gets like $350 more total each month which makes a huge difference for her

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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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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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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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