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Ezra Collins

Will Social Security accept non-stamped marriage certificate for spousal benefit top-up after divorce?

I'm planning to file for my retirement benefits in September and also want to apply for the spousal benefit top-up based on my ex-husband's record. We were married for 26 years before divorcing in 2015. I already found my divorce decree (it has the court stamp on it), but I'm worried about my marriage certificate. It's the original document we received after being married by a Justice of the Peace in 1989, but it doesn't have any official stamps like the divorce papers do. Just signatures. Will SSA accept this as valid proof of marriage? I've heard horror stories about applications being delayed for months due to document issues, and I really can't afford any holdups with my benefits. Has anyone gone through this process with similar documentation?

As long as your marriage certificate is the official one issued by the county clerk's office, it should be fine even without a raised seal or stamp. What matters most is that it's the original legal document, not just a ceremony certificate. Be sure it shows both names, the date, county/state where married, and has the JP's signature. If you're concerned, you can always order a certified copy from the county clerk's office where you were married - usually costs about $15-25 and takes just a few days to receive.

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Ezra Collins

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Thanks for the reassurance! It does have our full names, the date (5/14/89), county name, and the JP's signature. I guess I'm just nervous because my ex-husband's benefit amount is substantially higher than mine would be, and I really need that top-up.

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just went thru this last year. they didnt even keep my marriage certificate just looked at it and gave it back. the divorce papers were more important tbh. make sure you have your ex's ssn too or they cant even look him up.

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Ezra Collins

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Oh that's helpful to know! I do have his SSN memorized from all those years filing taxes together. Did they approve your spousal benefit quickly or did it take a while?

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took about 8 weeks total. they tell you 6 weeks but its usually longer

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Zara Perez

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I had a similar situation last year, but my experience was different than what others are saying. SSA rejected my non-stamped marriage certificate and I had to order a certified copy from the county clerk, which delayed my application by almost 2 months! The frustrating part was that I spent HOURS trying to get through to someone at Social Security to find out why my application was stuck, only to get disconnected or told to call back later. I finally used Claimyr (claimyr.com) to get through to a live person at SSA. They have this service where they wait on hold for you and call you when they get a representative. Saved me so much time and stress! You can see how it works in their video demo: https://youtu.be/Z-BRbJw3puU Once I actually spoke with someone, they explained exactly what document I needed, and I was able to get it sorted out. But my advice is to just order the certified copy now to avoid potential delays.

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Ezra Collins

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This is exactly what I'm worried about! I'll look into that Claimyr service - sounds like it could save me a lot of frustration. I might just go ahead and order the certified copy to be safe. The county office is a 3-hour drive from where I live now, so I'll have to request it by mail.

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Daniel Rogers

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Did you also apply for your divorced spouse benefits WHILE you're applying for retirement? I thought you had to be receiving your own retirement benefits FIRST before applying for the ex-spouse top-up? Maybe I misunderstood the process.

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You actually apply for both at the same time. When you file for your own retirement benefits, you should also file for any divorced spouse benefits you're eligible for on the same application. SSA will then calculate and pay you the higher of the two amounts (or if the divorced spouse benefit is higher, they'll pay your retirement amount plus the difference as a top-up). The system is designed to give you the maximum benefit you're entitled to receive.

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Aaliyah Reed

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THEY MAKE IT IMPOSSIBLE ON PURPOSE!!! I've been fighting with them for 6 months over my ex-spouse benefits. Every time I submit what they ask for, they come back demanding something else. First it was the marriage certificate, then divorce papers, then proof we were married for 10+ years (WHICH IS ON THE DIVORCE PAPERS ALREADY!!!). Then they claimed they couldn't verify my ex's earnings even though he's already collecting SS!!! Document everything, record names and badge numbers of everyone you talk to, and be prepared for a battle. The system is DESIGNED to wear you down so you'll give up!!!

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Ezra Collins

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Oh no, that sounds awful! I'm sorry you're going through that. Did you eventually get approved, or are you still fighting with them?

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Aaliyah Reed

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Still fighting. Last week they told me they need ADDITIONAL proof of the marriage date even though I already gave them TWO different documents showing it. I'm making an appointment with the local office because clearly the phone people are useless.

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Ella Russell

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A few important points about divorced spouse benefits that might help you: 1. You must have been married for at least 10 years (which you were at 26 years) 2. You must be unmarried currently 3. Your ex must be at least 62 (even if not collecting yet) 4. If your ex hasn't filed yet, you must be divorced for at least 2 years Regarding the marriage certificate, SSA typically accepts the original certificate even without stamps. The important thing is that it's the official record, not a commemorative certificate. If they question it, you can provide supporting documentation like tax returns showing you filed jointly, which helps establish the validity of the marriage. One tip: when you file, specify that you're applying for "all benefits for which you might be eligible" rather than specifically requesting divorced spouse benefits. This ensures you get the proper calculation.

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Ezra Collins

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Thank you for the detailed information! My ex-husband is 68 and already receiving his benefits, so that part should be straightforward. I like your suggestion about the tax returns - I have copies going back about 15 years that show we filed jointly, so I'll bring those along just in case. And I'll definitely use that specific wording about "all benefits" when I apply.

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Mohammed Khan

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My sister just went through this whole process. The most important thing is to MAKE AN APPOINTMENT at your local SSA office instead of trying to do everything online or by phone. The people at the office were actually super helpful and looked at her documents right there to confirm if they were acceptable. Saved her so much stress!

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Ezra Collins

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That's great advice, thank you! Did your sister need to bring anything besides the marriage certificate and divorce decree? I'm trying to make a checklist so I don't forget anything important.

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Mohammed Khan

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She brought her birth certificate, driver's license, social security card, marriage certificate, divorce decree, and a copy of her most recent tax return just in case. Better to bring too much than not enough!

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Daniel Rogers

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Just curious - do you know if your ex-husband will be notified when you apply for benefits on his record? My ex and I don't speak at all and I'd rather he not know about my financial situation.

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No, your ex-spouse will NOT be notified when you apply for benefits on their record. SSA treats this information as private and doesn't contact the ex-spouse as part of the application process. Your benefits also don't affect what your ex-spouse receives, so there's no financial impact to them that would require notification.

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Zara Perez

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One thing I learned during my application process is that the spousal benefit top-up might be less than you expect due to something called the Government Pension Offset (GPO) if you have a pension from a job where you didn't pay Social Security taxes. My friend was counting on getting 50% of her ex's benefit but ended up with much less because of her teacher's pension. Just something to be aware of if that applies to your situation.

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Ezra Collins

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Thanks for mentioning this. I worked in the private sector my whole career and paid into Social Security, so I don't think GPO would apply to me. But it's definitely good information for others to be aware of!

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I work at a local SSA field office and can offer some insight on your situation. Your original marriage certificate from 1989 should be perfectly acceptable as long as it's the official document issued by the county/state (not just a ceremonial certificate). We see these non-stamped certificates from JPs all the time, especially from the 80s and 90s when stamping practices varied by jurisdiction. A few tips for your appointment: - Bring both originals AND make photocopies beforehand - If possible, call the county clerk where you were married to verify they still have your marriage record on file (helpful if any questions arise) - Consider bringing your ex-husband's full name and date of birth in addition to his SSN - sometimes the system search works better with multiple identifiers The 8-week processing time mentioned earlier is pretty accurate in my experience. Good luck with your application!

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Omar Fawaz

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This is such valuable insight from someone who works directly with these cases! I'm the original poster and I can't tell you how much this helps ease my anxiety. I was really worried about potential delays, especially after reading about some of the challenging experiences others have had. Your confirmation that non-stamped JP certificates from the 80s/90s are commonly accepted is exactly what I needed to hear. I'll definitely follow all your suggestions - making copies in advance, calling the county clerk to verify the record, and having all my ex's information ready. Thank you for taking the time to share your professional knowledge with us!

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Monique Byrd

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This is incredibly helpful information from someone who actually works at SSA! Thank you so much for taking the time to share your expertise. I feel much more confident now about my original marriage certificate being acceptable. I'll definitely make copies ahead of time and gather all the information you suggested about my ex-husband. It's reassuring to hear from someone on the inside that these older JP certificates are commonly accepted. I was getting worried after reading some of the horror stories here, but your professional perspective really puts my mind at ease. I'll be sure to mention that I spoke with an SSA employee online who confirmed the document should be fine - hopefully that will help if there are any questions during my appointment.

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StarSurfer

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I went through this exact same situation about 3 years ago with a 1987 marriage certificate from a JP that had no stamps - just signatures. SSA accepted it without any issues at all. The key thing is making sure it has the official county/state information and looks like a legitimate government document rather than just a ceremony keepsake. One thing I'd add to the great advice already given here is to also bring a copy of your Social Security earnings statement (you can print it from your my.ssa.gov account) when you go to your appointment. It helps them verify your work history and can speed up the process. Also, if you're really concerned about the marriage certificate, most county clerks can provide a "verification of marriage" letter for around $10-15 that confirms the marriage is on file in their records - that might give you extra peace of mind as backup documentation. The whole process took about 6 weeks for me once I submitted everything, and I've been receiving the spousal benefit top-up ever since. You should be fine with your original certificate!

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Alice Coleman

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This is so reassuring to hear from someone who went through the exact same situation! A 1987 JP certificate with just signatures sounds almost identical to what I have from 1989. I really appreciate the tip about bringing the Social Security earnings statement - I hadn't thought of that but it makes perfect sense that it would help verify my work history. The verification of marriage letter is also a great backup idea for extra peace of mind. It's encouraging to know your whole process only took 6 weeks and that you're successfully receiving the spousal benefit. Thank you for sharing your positive experience - it really helps counterbalance some of the more stressful stories I've been reading!

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Diego Mendoza

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I'm in a very similar situation and this thread has been incredibly helpful! I'm 62 and planning to file for my retirement benefits next month, plus the divorced spouse benefit from my ex-husband's record. We were married for 18 years before divorcing in 2019. Like you, I have my original marriage certificate from 1988 (also from a JP) with no official stamps, just signatures. After reading all these responses, especially from the SSA employee, I feel much more confident that it should be accepted. I'm definitely going to follow the advice about making an in-person appointment rather than trying to handle everything by phone. One question for those who've been through this - did you apply exactly at your Full Retirement Age or did you wait? I know there's no advantage to waiting past FRA for divorced spouse benefits, but I'm wondering if there are any timing considerations I should be aware of. My FRA is next month and my ex is already 70 and collecting his maximum benefit. Thanks to everyone who shared their experiences - this community has been so much more helpful than the SSA website!

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Leo McDonald

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Welcome to the community! Your situation sounds very similar to mine and many others here. Since you're reaching your FRA next month and your ex is already 70 and collecting, the timing sounds perfect. From what I understand, there's no benefit to waiting past FRA for divorced spouse benefits since they don't earn delayed retirement credits like your own retirement benefit does. The key advantage is that at FRA, you can collect the full divorced spouse benefit (up to 50% of your ex's PIA) without any early filing reduction. Given that your ex is already collecting his maximum benefit at 70, SSA should have all his earnings information readily available, which might actually make your application process smoother. I'd definitely recommend scheduling that in-person appointment soon since it can take a few weeks to get an appointment slot, and you want to file as close to your FRA as possible to avoid missing any monthly payments. This thread has been a goldmine of practical advice that you just can't find on the official websites!

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Reading through everyone's experiences here has been so educational! I'm in a somewhat different situation but facing similar document concerns. I was married for 15 years (divorced in 2018) and have my original marriage certificate from 1995, but it's looking pretty worn after all these years - some of the ink has faded and there's a small tear along one edge. Should I be worried about the physical condition of the document, or is that not typically an issue as long as all the key information is still readable? I can make out our names, the date, county, and the officiant's signature, but I'm wondering if I should proactively order a certified copy just to have a pristine document to present. Also, for those who made appointments at local SSA offices - how far in advance did you need to schedule? I'm hoping to file when I turn 62 in a few months and want to make sure I plan ahead appropriately. Thanks for all the great advice shared in this thread!

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As long as all the essential information is clearly readable (names, date, county, signatures), the physical wear shouldn't be a problem - SSA deals with old documents all the time. However, given that you have several months to prepare, it might be worth ordering a certified copy just for peace of mind, especially if the tear gets worse over time. For appointment scheduling, most people here mentioned it takes 2-4 weeks to get an appointment at local offices, but it can vary by location. I'd recommend calling about 6-8 weeks before you want to file to ensure you get a slot close to your 62nd birthday. Some offices also offer early morning appointments that tend to be less crowded. You might also want to check if your local office offers any online appointment booking - some locations have started doing that which can save you time on hold!

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