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Ex-spousal Social Security Benefits

I have been divorced for 12 years and a friend told me that I should try to draw on my ex-husband's Social Security. I am on a fixed income and in a serious financial hardship and a few extra dollars would be a huge help. I called the SSA's "800" number and spoke to "Cindy". She took all my information; SS No.s mine and my ex's, etc. She put me on hold to get an answer. When she got back to me she told me that, yes, I would be entitled. Since I didn't have a marriage license from the state, she suggested that I order one from Vital Statistics in NJ which I did for a price of $60. I do have a marriage certificate from the church, but she wasn't sure if that would work. She then set up an appointment at the SSA office near me to complete the application. I went yesterday and met with "Jennifer" and after going over all the information, I was told that I was NOT eligible. I didn't understand the calculations, but it something to do with comparing SS benefits at age 66. I have been receiving benefits since I was 62. What a blow!! I can't believe one person can say one thing and another another person something else. I was extremely happy when I heard I was eligible, then I wasn't. I just sat down and cried. Now I'm out $60 for my marriage license which I probably won't need and back to square one finding ways to be financially secure.

I need advice.

Thanks,
H S


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Generally a person can receive benefits as a divorced spouse on a former spouse’s Social Security record if he or she:

  • Was married to the former spouse for at least 10 years;
  • Is at least age 62 years old;
  • Is unmarried; and
  • Is not entitled to a higher Social Security benefit on his or her own record.

Note the last bullet. You will receive the higher of two benefits - either your work record or your ex-spouse's work record.

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/299

I am not sure of your exact situation, but starting to receive benefits at age 62 is not always best. If you delay initial receipt of retirement benefits, your subsequent monthly checks will be higher. The "full benefit age" for folks born 1943-1954 is 66.

http://www.socialsecurity.gov/retire2/agereduction.htm

You may want to look into the appeals process if you believe the second representative was mistaken :

http://www.ssa.gov/pubs/10041.html

I forgot to mention "Jennifer" did say I might be entitled to about $20 not $1,000 like "Cindy" said. I was born in 1942 and started collecting at 62 y.o. I am now 69 y.o. I don't know when my ex started SS, but he is 70 y.o. I just can't believe two people working for SSA had 2 very different answers. I know my ex's earnings were a lot more than mine. I also took some time off when my children were born. Maybe I should look into appealing.


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Not affiliated with the US Social Security Administration