< Back to Social Security Administration

Tasia Synder

Will taking Social Security ex-spousal benefits at 60 increase my early filing penalty on SSDI?

I've been on SSDI for about 5 years now (since I was 55), drawing from my own work record. My ex-husband and I were married for 23 years, and he's about to turn 62 in March. I'm currently 60. During our marriage, I was primarily a stay-at-home parent, so his earnings were substantially higher than mine throughout our working years. I'm trying to figure out if I should apply for the ex-spousal supplement to my disability when he turns 62. My main concern is whether I'll face any additional penalties for taking these ex-spousal benefits at age 60 versus waiting until my FRA. I know there's normally a reduction for taking retirement benefits early, but I'm confused about how this works when you're already on SSDI. Does anyone know if there's an additional penalty for taking the ex-spousal top-up early when you're already receiving disability? Or would the amount just be whatever the spousal benefit calculation gives me based on being 60? The SSA website is so confusing on this topic!

I can help with this! When you're already receiving SSDI, you won't face additional early filing penalties for applying for divorced spouse benefits before your full retirement age. Since you're receiving disability benefits, the early filing reduction doesn't apply the same way. However, there are a couple of things to consider: 1. Your ex-spouse's benefit amount will be reduced because HE is taking benefits early at 62 (assuming he applies right away). 2. As a divorced spouse, you're eligible for up to 50% of his full retirement amount if you wait until your FRA. Taking it earlier means you'll get less than that 50%. You should definitely apply once he turns 62. The SSA will calculate whether your current SSDI payment or the combined amount is higher, and pay you whichever is greater. It's essentially free money if his record provides you with a higher benefit.

0 coins

Thank you so much for explaining! So to be clear, since I'm already on disability, I won't face the usual early filing penalties that would normally apply at age 60? That's a huge relief. One more question - if he hasn't applied for his benefits yet, can I still apply for the divorced spouse benefits when he turns 62? We've been divorced for over 10 years if that matters.

0 coins

my friend was in the EXACT same situation last yr!!!! she was on disability 4 yrs and her ex turned 62. she went ahead and applied for the ex-spouse benefit and got an extra $430/month on top of her disability. didn't hurt her at all and the ssa rep told her its not considered early filing penalty when ur already on disability!!!

0 coins

That's amazing news! An extra $430 would make a huge difference for me. Did she have to provide any special documentation about their marriage? I have our divorce decree but I'm worried I might need other records I don't have anymore.

0 coins

she just needed the divorce papers and his ssn i think. they already had her birth certificate on file from the disability application. it took like 6 weeks to get approved and they did backpay to when she applied not when he turned 62 so apply right away!!!!!

0 coins

I can't believe all the misinformation in this thread! I used to work for SSA so let me clarify some things: 1. If you are getting SSDI, you ARE NOT subject to the same early retirement reduction factors that apply to regular retirement benefits. Your disability benefit automatically converts to retirement at your FRA with no penalty. 2. For divorced spouse benefits when ex-spouse turns 62: if you've been divorced 2+ years, your ex does NOT need to have filed for benefits for you to be eligible. This is called the "independently entitled divorced spouse" provision. 3. What you'll get is the higher of: your current SSDI OR up to 50% of your ex's PIA (with reduction factor for your age). 4. Don't expect a full 50% "top-up" - it doesn't work that way. They'll pay the higher of the two benefits, not both combined.

0 coins

You're right about most points, but I think you misunderstood what I was saying. I wasn't suggesting she'd get both benefits added together - I was explaining that SSA would calculate which was higher (her disability or the spousal benefit) and pay the higher amount. If the spousal benefit calculation results in a higher amount, then she effectively gets additional money compared to her current SSDI payment. Also, while there's no early filing penalty on her disability benefits, the divorced spouse portion would still be reduced because she's under FRA. That reduction is calculated separately from her disability benefit.

0 coins

Let me try to clear this up with my own experience. I was on SSDI and applied for spousal benefits when my husband retired. Here's what happened: SSA calculated my benefit amount based on my disability ($1,850/mo) and compared it to what I'd get as a spouse (about $1,375/mo based on 50% of his benefit with my age reduction). Since my SSDI was higher, I continued getting exactly the same amount. For you, if 50% of your ex's benefit (reduced for your age) is higher than your current SSDI, then you'll get that higher amount instead. If it's lower, nothing changes. PRO TIP: The SSA phone lines are impossible these days. I tried for WEEKS and kept getting disconnected. I finally used a service called Claimyr (claimyr.com) that got me through to an agent in under 10 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Worth every penny to avoid the frustration of constant busy signals and disconnects.

0 coins

I don't understand why they wont just add the two benefits together?? You worked and paid into the system AND you were married all those years. Seems like they should give you both benefits!! The system is rigged against us seniors its ridiculous!!

0 coins

Because that's not how the system is designed to work. Social Security was created as a safety net, not to provide multiple full benefits to the same person. The law specifically states you get the higher of the two benefits, not both. This isn't about being "rigged" - it's just how the program was structured from the beginning.

0 coins

The real question you need to ask is whether your ex-spouse's benefit at 62 is going to be higher than your disability benefit. Most people don't realize that men often have MUCH higher lifetime earnings than women who took time off to raise kids. I was in a similar situation - married 22 years, stayed home with kids, ex made about 4x what I did in my working years. When I applied for divorced spouse benefits, my monthly payment went up by almost $800! Definitely worth applying. And there's NO DOWNSIDE to applying. If your current benefit is higher, you just keep getting that. But if the spousal benefit is higher, you get more money each month. It's literally a no-lose situation.

0 coins

Wow, an $800 increase would be life-changing for me. My ex definitely earned substantially more - he was in management while I worked part-time retail after the kids were in school. Do you know if I can estimate what I might get before applying? I'd love to have some idea of what to expect.

0 coins

My cousin tried to apply for her ex-husband's SS and they told her she couldn't because she remarried when she was 58... have you remarried? That's a dealbreaker for ex-spouse benefits from what I heard.

0 coins

No, I never remarried after the divorce. That's good to know though - I had a friend who was thinking of remarrying and collecting from her ex. I'll have to warn her about this rule!

0 coins

Just to clarify this point - you can remarry and still collect on an ex-spouse's record, but ONLY if your current marriage occurred at age 60 or later. If you remarry before age 60, you lose eligibility for ex-spouse benefits. This is why timing of remarriage can be really important for maximizing Social Security benefits.

0 coins

Make sure you understand what "top off" actually means - it's NOT adding two benefits together. Here's how it works: 1. SSA calculates your current SSDI benefit (let's say $1,200/month) 2. They calculate what you'd get as an ex-spouse (50% of his PIA, reduced for your age - maybe $1,500/month) 3. You get the HIGHER of these two amounts ($1,500) 4. The "increase" is $300 in this example If your SSDI is already higher than what you'd get as an ex-spouse, you'll see NO CHANGE in your benefit amount. That's why some people apply and get nothing extra. Also, if your ex hasn't applied yet but you've been divorced 2+ years, you can still apply when he turns 62 regardless of whether he's filed for benefits himself.

0 coins

Thank you for making this so clear! I think I was confused about how the "top off" worked. So basically, they'll just compare the two possible benefits and give me whichever is higher. That makes sense. We've been divorced more than 10 years, so it sounds like I can apply regardless of whether he's filed yet. I'll definitely be contacting SSA as soon as he turns 62 next month!

0 coins

Social Security Administration AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today