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Social Security

Q&A: Social Security divorced spouse benefits

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Dear Liz: You recently answered a woman about collecting on her ex-husband’s Social Security record. You said she was eligible for a spousal benefit if they were married at least 10 years, which they were. I think you should have added that the spouse needs to be collecting their own Social Security when you apply. A Social Security rep told me I had to wait till my ex retired and then I’d automatically get the larger benefit. I waited. Eventually I asked my ex and he said he had started collecting Social Security some months previously. I applied and did get a retroactive payment.

Answer: Unfortunately, people don’t always get correct information from Social Security representatives.

You did not have to wait for your ex to begin receiving Social Security to apply for a divorced spousal benefit. While that’s a requirement for still-married couples — the primary worker must apply for their own benefit to trigger a spousal benefit — a divorced spouse has only to wait until their ex turns 62 and is eligible to receive Social Security retirement checks.

The representative you talked to may not have understood that you were talking about an ex rather than a current husband, or the rep may have been confused about the rules.

Because Social Security can be so complicated, it makes sense to educate yourself as much as possible about the rules. Books like Jonathan Peterson’s “Social Security for Dummies” can be helpful; just make sure to get the latest edition, since the rules for spousal benefits changed substantially in 2015.

Q&A: Delaying Social Security benefits

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Dear Liz: I reached my full Social Security age (66) in December 2020. I’ve been waiting until age 70 to start benefits so I can get the 8% annual delayed retirement credits and maximize my benefit. However, if the 2023 cost of living increase will be 10.5%, should I go ahead and start benefits this year, at age 68? Does someone need to be on Social Security for a full year before being eligible for the COLA, or would one month be enough?

Answer: Your benefit will get the cost of living increase whether you’ve started receiving checks or not. In fact, it’s been getting those increases since you turned 62 and became eligible. So applying now just means giving up two years’ worth of delayed retirement credits.

Q&A: Is the ‘tax torpedo’ coming for you? Here’s what you need to know

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Dear Liz: I am pondering the best time to begin drawing Social Security. I have no debt, am 61, retired and fortunate enough to have retirement funds that are projected to last until I’m 95 without Social Security. That said, when I begin drawing Social Security, I understand I am likely to get taxed at the full 85% rate based upon the monthly income I receive. Does it make sense to hold off on applying until 67 or later knowing that I’ll be taxed more on the higher income, or should I draw sooner, understanding the tax liability would be less? Or, when I begin receiving Social Security, would I cut back on the amount of retirement funds I receive monthly?

Answer: The way Social Security benefits are taxed is somewhat convoluted and easy to misunderstand. Just to be clear: You would never lose 85% of your Social Security benefit to taxes. But if you have income outside of Social Security, up to 85% of your benefit can be taxable at your regular income tax rates.

The taxes are based on what’s known as your “combined income,” which is your adjusted gross income plus any nontaxable interest plus half of your Social Security benefits. If you’re single and your combined income is between $25,000 and $34,000, up to 50% of your benefits may be taxable. If your combined income exceeds $34,000, you may owe tax on up to 85% of your benefits.

If you’re married filing jointly, combined income between $32,000 and $44,000 could trigger taxes on up to 50% of your benefit. If your combined income is more than $44,000, up to 85% of your benefit may be taxable.

Because of this unusual structure, people can face what’s known as a tax torpedo, which is a sharp rise and then fall in their marginal tax rates. If your income is high enough, you won’t be able to avoid the tax torpedo.

However, many middle-income people can mitigate its effects by delaying Social Security and drawing down their retirement funds instead. You can get some understanding of how this works by searching on the phrase “tax torpedo.”

For a more in-depth analysis, search for the research paper by William Reichenstein and William Meyer titled “Understanding the Tax Torpedo and Its Implications for Various Retirees.”

Consider discussing your situation with a fee-only financial planner who can model different scenarios and give you personalized advice.

Q&A: Wait to draw Social Security

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Dear Liz: I’m about to turn 75. My wife is 67. I started collecting Social Security at age 70. My benefit is on the low side but I also get a union monthly pension. My wife is still working and planning to file for her Social Security benefit at 70, and she may get three times my amount. Is there a provision where I could be collecting a higher amount now based on her earnings?

Answer: Your wife would have to apply for her benefit before you would be eligible for a spousal benefit based on her work record. Once she applies, your spousal benefit would be 50% of her “primary insurance amount” — which is the benefit she would get at her full retirement age. For someone born in 1955, the full retirement age is 66 years and 2 months.

If she did apply now, your benefit might increase but she would miss out on the delayed retirement credits that would increase her checks by 8% for each year she puts off applying until age 70.

Generally, it’s a good idea for the person with the larger benefit to delay applying as long as possible, since it’s their check that determines what the survivor gets. But there are always exceptions, so you’d be smart to research your options. Social Security Solutions and Maximize My Social Security can help you model different claiming strategies, or you could discuss your situation with a financial planner.

Q&A: Social Security and divorce

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Dear Liz: I was married for 25 years. Most of the time, I was a full-time housewife and worked part time here and there. Social Security keeps telling me that I can’t collect on my ex’s Social Security until he dies. He is 74 and I am 72. I started collecting at 62 and don’t get that much in Social Security. Is it true that I have to wait until he dies to get more?

Answer: Technically, you’re eligible for a divorced spousal benefit that’s up to 50% of your ex’s benefit if your marriage lasted at least 10 years and you haven’t remarried. If that amount is less than your own benefit, though, you wouldn’t get anything extra.

The math changes if your ex should die. Then you would be eligible for a survivor’s benefit that is equal to what he was receiving. If that amount is larger than your own benefit, you would get the larger amount.

Q&A: Deciding on when to take Social Security

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Dear Liz: My ex-husband is 13 years younger than I. We were married for 10 years and he earns more than I do. If I start drawing my own Social Security benefit at age 70, can I switch to his benefit when I’m 75 and he is 62?

Answer: Normally when someone applies for Social Security, they’re “deemed” or assumed to be applying for all the benefits for which they’re eligible. If you’re eligible for your own retirement benefit as well as a divorced spousal benefit, for example, you would get the larger of the two amounts. You wouldn’t be able to switch from one to the other later.

There are a few exceptions to this rule, however, and your situation is one of them. You won’t be eligible for a divorced spousal benefit until your ex-husband reaches minimum retirement age (62). At that point, you would be eligible for 50% of his primary insurance amount, or the check he would get at his full retirement age, which is currently between 66 and 67. If that amount is larger than what you’re receiving, you could switch.

If you’re going to switch, though, you may not want to wait until 70 to apply for your own benefit. Delaying makes sense for most people, because they’ll live past the break-even age in their late 70s when the larger value of the delayed benefit more than makes up for the smaller checks they pass up in the meantime. If you switch at 75, though, you won’t have received your own benefits for long enough to make up for bypassing the smaller checks, says Dr. William Reichenstein, head of research at Social Security Solutions.

Deciding when to start Social Security can be tricky even in simpler situations than yours, so consider using a site such as Social Security Solutions or Maximize My Social Security for advice on when to claim.