I began collecting Social Security at age 62 and for nearly 4 years I've felt like I've been misled. I meet all of the requirements for receiving divorced spousal benefits as stated on the SSA website. I applied in person at a local office and was told that my own benefit is too high to receive my ex's. I am confused by this as the website states that my own benefit would be paid first then an amount from his for a total amount equal to his benefit. I don't know what he receives, but I do know that while we were married his income was about 3 times higher than mine. He waited until the full retirement age to begin receiving benefits and is now 74. Am I receiving an incorrect benefit or am I mis-understanding what is on the website? In addition, the Social Security representative said that if my ex pre-deceases me I can then receive his benefit. Is that so? Thanks so much!

Hi,

You would not be eligible for divorced spousal benefits unless 50% of your ex-husband's full retirement age rate (PIA) is higher than your own PIA (i.e. the amount you would have received if you had waited until full retirement age to start drawing benefits).

For example, say Jane has a PIA of $1000, but she starts drawing at age 62 and instead receives a reduced benefit rate of $750. Jane's ex-husband waits until full retirement age (FRA) to start drawing his benefits and receives his full PIA of $1800. In this example, even though Jane is receiving less than half as much as her ex, she would not be eligible for divorced spousal benefits because her PIA is more than 50% of his PIA.

However, a surviving divorced spouse can receive up to 100% their ex's full benefit rate, as opposed to 50% of their PIA as is the case when the ex is living. So, it sounds like what Social Security is telling you is that your PIA is more than half of your ex-husband's PIA, but your benefit rate is less than his full rate. Assuming that's correct, you wouldn't currently be eligible for divorced spousal benefits but you will be eligible for surviving divorced spousal benefits if your ex-husband dies before you do.

Best, Jerry