Will my Social Security ex-spouse benefits be based on his claiming age 65 or work until 70?
I'm confused about how my ex-spouse benefits work with Social Security! I'm currently 66 years and 4 months old and trying to decide when to file. My ex-husband is 73 now and we were married for 25 years before divorcing in 2019. He started taking his SS benefits when he was 65 but kept working at his engineering firm until 70 (making around $135k annually). I've worked consistently too but at a much lower salary (administrative assistant making about $52k before retiring last year). I know I qualify for ex-spouse benefits since we were married over 10 years, but I'm confused about HOW they calculate my benefit. Will my ex-spouse benefit be based on what he started collecting at 65 or the higher amount he would've received at 70 after working those extra years? Does his continued work after claiming affect what I can get? I've reached my FRA now and trying to maximize what I can receive. The SSA website is so confusing on this!
20 comments
Mohammed Khan
Your ex-spouse benefit will be based on your ex-husband's Primary Insurance Amount (PIA), which is the benefit amount he was eligible for at his Full Retirement Age. It doesn't matter when he actually claimed benefits. The fact that he claimed at 65 (slightly early) or continued working until 70 doesn't directly affect your spousal benefit calculation. Since you're at your FRA, you're eligible for 50% of his PIA. However, you should also compare this to your own retirement benefit. You'll receive whichever is higher - your own benefit or the spousal benefit. You cannot receive both. Also, since you've reached your FRA, you can actually file a restricted application for just the spousal benefit while letting your own retirement benefit grow until 70 if you want to maximize your own benefit.
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Ella Russell
•Thank you for explaining! So even though he started collecting at 65, I still get based on his FRA amount? And I didn't know I could file for just the ex-spouse benefit while letting my own grow. Are you sure that's still allowed? I thought they changed those rules a few years ago?
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Gavin King
The previous commenter is partially correct but there's some important clarification needed. The rule allowing you to file a restricted application only applies if you were born before January 2, 1954. Since you're 66 and 4 months now in 2025, you were born around 1958-1959, so unfortunately that option is no longer available to you due to the Bipartisan Budget Act of 2015. When you file for benefits now, you'll be deemed to be filing for all benefits you're eligible for (your own and ex-spouse), and you'll receive the higher of the two amounts. Your ex-spouse benefit would be 50% of his PIA (Primary Insurance Amount), regardless of when he claimed. His continued work may have increased his PIA through additional earnings, which could potentially increase your ex-spousal benefit. But there's a key point: if your own benefit is higher than 50% of his PIA, you'll just get your own benefit amount.
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Ella Russell
•Oh that makes more sense! I was born in 1959, so I missed that cutoff. So I have to take both at once and just get the higher amount? Do you know if there's any way to find out what his PIA is without asking him directly? We don't exactly keep in touch...
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Nathan Kim
ugh the SSA is THE WORST about explaining this stuff clearly!! i went thru this exact same confusion last year with my ex. you literally CANNOT get a straight answer from their website and when you call? FORGET IT!!!! i spent TWO HOURS on hold only to get disconnected!!!!! twice!!!!! i had to finally make an in-person appointment which took 6 weeks to get. and guess what? the person there gave me DIFFERENT info than what the phone rep told me. they seriously need to train their people better.
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Eleanor Foster
•I had the same experience trying to call SSA last month! After being on hold for hours and getting disconnected, I found this service called Claimyr (claimyr.com) that got me through to an agent in under 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Saved me so much frustration when I was trying to figure out my survivor benefits situation. Might be worth trying if you need specific answers about your ex-spouse's PIA.
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Lucas Turner
just wanted to add that u dont need to contact ur ex at all. SSA has all his earnings records. just make appointment and tell them u want to know bout ex spouse benifits. they can look up his info in their system but they wont tell u his actual earnings just what ur eligible for based on his record. they did this for me last yr.
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Ella Russell
•That's a relief! I was worried I'd have to track him down for this information. I'll try to make an appointment. Thanks!
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Kai Rivera
Wait I'm confused about something - if the ex-husband worked until 70, wouldn't those extra earnings potentially increase his PIA and thus increase the ex-spouse benefit? I thought the PIA gets recalculated with additional earnings years? My husband's PIA went up because he kept working past his FRA.
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Gavin King
•Yes, you're absolutely right! Additional work can increase a person's PIA if those earnings replace lower-earning years in their 35-year calculation. In this case, the ex-husband working until 70 with high earnings likely did increase his PIA somewhat, which would potentially increase the ex-spousal benefit (which is 50% of his PIA). To the original poster: This is actually good news for you, as his continued high-earning work years might have slightly increased the spousal benefit you're eligible for. The SSA would calculate this automatically when you apply for benefits on his record.
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Anna Stewart
I went through this exact situation last year. What no one mentioned yet is that you need to bring your marriage certificate AND divorce decree when you go to your appointment. I didn't know this and had to reschedule my whole appointment which delayed my benefits by nearly 2 months!!! Also, in my case, my own benefit ended up being higher than the ex-spouse benefit anyway, even though my ex made WAY more than me during our marriage. This is because the ex-spouse benefit is only 50% of their PIA. Run the numbers before you get your hopes up too high.
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Ella Russell
•Thank you for that tip about the documents! I'll definitely dig those up before my appointment. I've been working for 45 years, but never made more than $55k, while my ex was making over $130k for the last 15 years of his career. So I'm really hoping the ex-spouse benefit might be better in my case. Fingers crossed!
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Nathan Kim
The one thing nobody mentioned is that if you take your own benefit now and it turns out your ex-spouse benefit would've been higher, they will NOT retroactively give you the difference!!! They'll only adjust it going forward. I learned this the hard way and lost out on about $8,700 in benefits I could have gotten if I'd applied for both at the same time. The SSA DOES NOT VOLUNTEER THIS INFORMATION!!!!!
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Mohammed Khan
•This isn't entirely accurate. When you apply for Social Security retirement benefits now, you're automatically deemed to be applying for all benefits you're eligible for (including ex-spouse benefits) if you were born after January 1, 1954. The SSA is supposed to automatically calculate and pay you the higher amount. If they made an error in your case, you can request a reconsideration of their determination.
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Ella Russell
Update: I called SSA this morning to try to schedule an appointment and was told there's a 3-month wait for in-person appointments in my area! The phone representative wasn't able to tell me specifics about my situation without 'opening a claim' which she said I shouldn't do until I'm ready to actually file. This is so frustrating! I just want to know what my options are before making a decision.
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Eleanor Foster
•Try Claimyr! Seriously, the 3-month wait is ridiculous when you just need information. Claimyr got me through to someone who actually gave me useful information about my widow benefits. The SSA phone reps seem to have different levels of knowledge too - the first one I talked to barely knew anything, but when I called back using Claimyr, I got someone who really knew the rules and helped me understand my options.
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Lucas Turner
another option u have is just file for benefits now. if u decide later that waiting woulda been better u can withdraw ur application within 12 months of filing. u have to pay back what they paid u but it's like an undo button. my sister did this when she realized she shoulda waited.
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Anna Stewart
•Be careful with this strategy though! You can only withdraw your application once in your lifetime. Also, paying back several months of benefits can be a significant financial burden for many people. It's usually better to do the research upfront before filing if possible.
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Mohammed Khan
One more thing to consider: Since you're past your FRA, you should know that there's no advantage to waiting longer to claim ex-spousal benefits. Unlike your own retirement benefit, ex-spousal benefits don't grow with delayed retirement credits past your FRA. So if the ex-spousal benefit is going to be higher than your own benefit, you might as well claim now. But if your own benefit is higher, and especially if it's close, you might consider waiting until 70 to maximize your own benefit with delayed retirement credits (which grow about 8% per year until 70).
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Ella Russell
•This is really helpful information! I had no idea that ex-spouse benefits don't increase if I wait. So there's really no advantage to waiting if I'm going to get the ex-spouse benefit. I'm going to try to get an appointment or at least talk to someone who can run the numbers for me. Thank you all for your help!
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