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Divorce & Money

Q&A: Calculating Social Security benefits when a lengthy marriage ends

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Dear Liz: I was married for 18 years before filing for a divorce. I am 71 and my husband is 76 and still working full time. He waited until he was 70 to collect his Social Security. Social Security told me to wait to file until he did to collect the maximum amount. I did, and then they told me that 50% of his benefit is less than my own benefit. Therefore I do not qualify to get benefits as a divorced spouse. I only get $1,200 a month. I made about $30,000 a year while he made six figures. I do not understand Social Security. I am barely getting by.

Answer: You got some bad information. Divorced spousal benefits, like spousal benefits for those who are still married, are based on the primary worker’s benefit at full retirement age. Spousal and divorced spousal benefits aren’t eligible for the delayed retirement credits that increase workers’ benefits when they delay applying for Social Security after full retirement age. In other words, you couldn’t benefit from your ex’s delayed start.

Like other retirement benefits, however, spousal and divorced spousal benefits are reduced if the applicant starts benefits before their own retirement age. If you applied at 65 and your full retirement age was 66, for example, you wouldn’t have qualified for the maximum divorced spousal benefit. Your own retirement benefit was reduced as well. If you’d been able to wait until after full retirement age to apply, your own benefit could have been increased by 8% for every year you waited until age 70.

It may seem odd that your benefit is still greater than what you could have received from his record, given the disparity in your incomes. But Social Security is designed to replace a bigger chunk of lower-paid workers’ incomes compared with higher-paid ones, on the assumption that lower-paid workers have a harder time saving for retirement. His income may have been four times larger than yours in recent years, but his Social Security benefit wouldn’t be four times bigger, or even twice as large.

What’s done is done, of course, but there may be a larger benefit in your future. If he dies before you do, then you would be eligible for a divorced spousal benefit, which would be 100% of his benefit (the one he’s getting when he dies, complete with delayed retirement credits and cost-of-living increases).

Is your ex alive? It matters when calculating these Social Security benefits

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Dear Liz: You say that people can receive divorced survivor benefits while remarried but only if they married at 60 or later. I am 75 and getting married soon. I hoped to continue to receive my deceased ex-husband’s benefits. We were married for 30 years. When I finally connected with an actual live person in the Social Security office, I was told that is incorrect and I will lose his benefits.

Answer: Social Security rules for spousal and survivor benefits are complicated. Divorce adds another layer of complexity. It’s understandable that many people get confused, but you’d hope the Social Security reps could get this right.

Divorced spousal benefits — the benefits someone gets from an ex’s work record while the ex is still alive — are what end when someone remarries. If your ex is dead and you receive divorced survivor benefits, you can continue receiving those if you remarry at 60 or later.

Q&A: Social Security versus government pensions

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Dear Liz: I have a dear friend who after 48 years of marriage went through a horrible divorce. She worked for a school district that did not pay into Social Security but her ex was self-employed and did pay into the system. I advised her to apply for spousal benefits but she was told she was not entitled due to her pension. Is this right? Social Security is a federal program. What does it have to do with a state or county pension? I feel she is being cheated out of income she could desperately use.

Answer: It’s unfortunate that your friend is struggling. But she’d be worse off trying to live on a spousal benefit from Social Security than she is now.

People who get pensions from jobs that didn’t pay into Social Security may be subject to two provisions, the windfall elimination provision and the government pension offset. WEP can reduce but not eliminate any Social Security retirement benefit they earned from other jobs that paid into Social Security. Typically, the Social Security benefit at full retirement age won’t be reduced by more than half the pension amount.

GPO, by contrast, reduces a Social Security spousal or survivor benefit by two-thirds of the amount of the pension. That means GPO can entirely eliminate a Social Security benefit based on someone else’s work record. If your friend can’t qualify for a divorced spousal benefit, that means she’s already receiving more from her pension than she would get from Social Security.

Consider helping your friend look for other ways to make ends meet. Benefits Checkup, offered by the National Council on Aging, could help her find programs that could help pay for medical care, groceries, utilities and other necessities.

Q&A: Social Security benefits for exes

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Dear Liz: I divorced after three decades of marriage, and my ex remarried before age 60. If I understand Social Security’s rules correctly, that remarriage disqualified my ex from claiming a survivor’s benefit based on my work history. Here’s my question: If my ex’s current spouse dies before he does, does that then make him eligible to claim a survivor benefit on MY work history? I am retired and collect my Social Security benefit; he too is retired and presumably collecting his.

Answer: Yes. If your ex is widowed, he typically would have the option of taking a survivor benefit based on his most recent spouse’s work history, or a divorced survivor benefit based on your work history, instead of his own benefit. His choice would not affect how much you receive.

Q&A: Spousal and divorced spousal benefits are available only while the primary worker is still alive

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Dear Liz: You recently answered a question about divorced survivor benefits. Is the survivor benefit going to be 100% of what the deceased ex-spouse was receiving at death or 100% of the ex’s benefit at full retirement age? My ex-wife is 65, the marriage lasted 34 years, it’s been two years since our divorce and she’s planning to retire at her own full retirement age.

Answer: The last part of your question indicates you’re asking about divorced spousal benefits, not divorced survivor benefits … unless you’re reaching out from beyond the grave.

Here’s a quick primer. Spousal and divorced spousal benefits are available only while you, the primary worker, are still alive. Your ex could receive up to 50% of your benefit at full retirement age, assuming that benefit is greater than her own.

The rules change once you’re dead. Should you die before your ex, she may qualify for divorced survivor benefits. Divorced survivor benefits, like regular survivor benefits, are based on what you were actually receiving or had earned at the time of your death. If you died at 69 before beginning to claim Social Security, for example, your benefit would have earned at least a couple years’ worth of delayed retirement credits. Your ex could qualify for 100% of that enhanced benefit if she applied for it at her own full retirement age.

Your ex also would have the option of starting divorced survivor benefits and then switching to her own larger benefit later, or vice versa. She also could remarry at age 60 or later and not lose her benefit. By contrast, spousal and divorced spousal benefits end with remarriage, and people typically can’t switch between those benefits and their own.

Q&A: Home equity in community property states

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Dear Liz: I live in California and have been married for 20 years. My spouse bought our home before our marriage and my name is not on the title as a co-owner. However, I contribute to most of our monthly financial obligations which include paying the mortgage, property taxes, etc. In the event of death or separation, how much of the current home equity am I entitled to? This is our only and primary residence.

Answer: Normally, an asset that was purchased before marriage is considered separate property even in community property states such as California. But if the mortgage is paid down with “community funds” — money earned by either spouse during the marriage — then the spouse who isn’t on the title may be entitled to some of the appreciation that occurs after the wedding.

That may not prevent you from being evicted if your spouse dies, however, or having to fight an expensive battle in court if you divorce. Consulting an attorney now could help you better prepare for either possibility.