< Back to Social Security Administration

Will I get reduced Social Security spousal benefits from my ex-husband who's turning 64 when I'm at FRA?

I'm planning to file for Social Security when I reach my full retirement age next year (I'll be 67 in February). I was married for 23 years and want to claim on my ex-husband's record since his benefit is higher than mine. The tricky part is that he'll only be 64 when I file at my FRA. I know if I filed early, MY benefits would be reduced, but will I receive reduced benefits because HE hasn't reached his FRA yet? The SSA website is confusing me on this point. Does his age affect what I'll get if I'm already at my full retirement age? Does he even need to have filed for his own benefits for me to claim ex-spousal benefits?

Your ex's age doesn't affect your spousal benefit amount as long as YOU file at your FRA. The reduction only applies if YOU file before your own FRA. Also, your ex doesn't need to have filed for his own benefits for you to claim divorced spouse benefits, as long as you've been divorced for at least 2 years and he's eligible for benefits (even if he hasn't applied yet). You'll receive 50% of his PIA (Primary Insurance Amount) if you file at your FRA, regardless of when he files or what age he is.

0 coins

Thank you for clearing that up! So to double-check, even if he hasn't applied for his benefits yet, I can still get the full 50% of his PIA since I'll be at my FRA? That's a huge relief. I was worried I might have to wait until he turns 67 too.

0 coins

I WISH SOMEONE HAD TOLD ME THIS EARLIER!! I waited almost 2 years for my ex to file before I learned I could have been collecting all along!! The SSA reps gave me WRONG information twice about this. Make sure you bring the specific rule with you when you go to your appointment - they confuse divorced spouse benefits with current spouse benefits all the time. For current spouses, yes, your husband usually has to file first, but NOT for divorced spouses!!!

0 coins

same happened to my sister! she lost like 14 months of payments becuz they told her wrong info. did u ever get backpay for the time u could have been collecting?

0 coins

Just to add a bit more detail - you can file for divorced spouse benefits if: 1) Your marriage lasted at least 10 years, 2) You're currently unmarried, 3) You're at least 62, 4) Your ex is eligible for benefits (even if not collecting yet), and 5) You've been divorced for at least 2 years OR your ex is already receiving benefits. Since you'll be at your FRA, you'll get the full 50% of his PIA. His age or filing status doesn't affect your amount at all. His benefits aren't reduced when you file either - he'll never even know you've applied.

0 coins

Quick question - does this mean if the ex-spouse files early and takes a reduction, the divorced spouse still gets 50% of what the ex would have gotten at THEIR full retirement age? That seems like a better deal than current spouses get!

0 coins

When I went through this last year, I tried calling SSA for weeks and couldn't get through to ask these same questions. I finally used a service called Claimyr (claimyr.com) that got me connected to an agent in about 20 minutes instead of waiting on hold for hours. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. It was so worth it because the agent confirmed exactly what others are saying here - your benefit won't be reduced if YOU are at FRA, regardless of your ex's age or whether he's filed yet.

0 coins

I hadn't heard of this service! I've been trying to get through to SSA for 3 weeks with no luck. I'll definitely check this out because I have some other questions about how they'll calculate the exact benefit amount.

0 coins

my situation was kinda like urs but backwards. i filed early at 63 but my ex husband waited till his FRA. i got reduced benefits cuz of MY age but i still got some of his higher benefit. just make sure ur ex worked enuff to qualify for SS benefits in general

0 coins

This is a good point - the ex needs to have enough work credits to be eligible for SS benefits themselves. Usually that's 40 credits (10 years of work), which most people have by age 64.

0 coins

One thing to remember is that when you file, you'll automatically receive the higher of either your own retirement benefit or the divorced spouse benefit. If your own benefit is higher, that's what you'll get. But if the spousal benefit is higher, you'll get your benefit plus the difference to equal the spousal benefit. Social Security doesn't let you choose one or the other - they just pay the higher amount.

0 coins

That's helpful to know. I've calculated that my benefit would be about $1,625 monthly and I believe his would be around $2,900, so 50% of his would be $1,450. So in my case, I'd just get my own $1,625, correct?

0 coins

Just to clarify what @profile6 mentioned - you'd get your own $1,625 in that scenario. But if the numbers were reversed (if your benefit was $1,450 and 50% of his was $1,625), you'd get $1,625 total (not $1,450 plus $1,625). Many people misunderstand this part. The actual calculation is that you get your benefit amount, plus the difference needed to reach the higher amount if the spousal benefit is greater.

0 coins

Thank you for breaking down the math! That makes perfect sense. I think I need to double-check my ex's estimated PIA to be sure which way would be better for me.

0 coins

My friend tried to do this but found out her ex had barely worked under social security because he was a teacher with a pension. She ended up getting almost nothing from his record. Do you know if your ex worked consistently under Social Security?

0 coins

Yes, he worked for a large corporation for over 35 years, all under Social Security. No pension or anything like that to complicate things, thankfully!

0 coins

One final tip - when you do file, make sure to specifically tell SSA you want to file for divorced spouse benefits. Sometimes they don't check automatically even though they should. Bring your marriage certificate and divorce decree to your appointment. You might also need his Social Security number, but if you don't have it, SSA can usually find it with his name and date of birth.

0 coins

This is really helpful advice. I do have his SSN from some old tax returns, and I have copies of our marriage and divorce paperwork. I'll make sure to specifically request the divorced spouse benefit evaluation when I file.

0 coins

TaxRefund AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
6,875 users helped today