I’m ready to claim my Social Security spousal benefits. Does my ex-husband need to be 62?

Can I apply for the benefit before he turns 62? When that time comes, must I do so via an appointment with my local Social Security Administration office or can I apply at the website?

Finally, if I do receive a benefit based on my spouse’s record, will that benefit be based on what he will receive at FRA?

Needs Clarification

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Dear Clarification,

As if claiming Social Security benefits isn’t complex enough, there’s a whole other set of rules for divorced couples and spousal benefits — so I understand why you need the clarification.

Your ex does not have to be claiming benefits in order for you to start your own, but he does have to be 62.

In order to get spousal benefits based on a divorced spouse’s record, you must be at least 62 years old and unmarried, and have been married to your ex-spouse for 10 years or more. “You can apply for benefits on your former spouse’s record even if he or she hasn’t retired, as long as you divorced at least two years before applying,” the Social Security Administration says.

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This is different than if you were claiming survivor benefits, which is when the person whose record is being used has died. In that case, beneficiaries may begin claiming at age 60 or older (or 50 to 59 if they have a disability) if they were married for at least 10 years and did not remarry before age 60 (or 50 if they have a disability). Here is more on survivor benefits.

As for how much you get, you’re right. You will get a permanentlyreduced amount for not waiting until your own Full Retirement Age, but the benefit will be based on one-half of your ex-husband’s benefit at his FRA. The Social Security Administration will give you the higher of your own retirement benefit or what you’d get under the spousal benefit.

Now, if you were to get married between then and now, you would not be able to claim on your first husband’s record, unless your following marriage ended by “annulment, divorce or death,” the Social Security Administration said.

You can apply for benefits if you’re within three months of turning 62 years old, and you do not need to go in person to do so. Call the Social Security Administration to get started, but you’ll need documentation to begin benefits, including a birth certificate, proof of U.S. citizenship and a final divorce decree. Here’s more information on the application process.

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