Ask Liz Weston

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Social Security

Q&A: Three marriages, but only one Social Security benefit

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Dear Liz: I was married for 10 years before divorcing. My second marriage also ended in divorce. I married for the third time and was widowed. I am collecting a survivor benefit. Am I also entitled to receive a benefit from my first marriage of 10 years? My first husband is still living.

Answer: Social Security is basically “either/or,” not “and.” If you qualify for two benefits, you typically get the larger check — not both.

Since you are currently unmarried, your ex is still living and your first marriage lasted 10 years, you may be eligible for a divorced spousal benefit. That can be up to 50% of your first husband’s benefit at his full retirement age.

You would only receive that benefit, however, if it were larger than the survivor benefit you’re currently receiving. Survivor benefits are up to 100% of the late worker’s check, so your first divorced spousal benefit would have to be substantially larger than what your late husband received to make a switch. You can call Social Security at (800) 772-1213 to inquire.

Q&A: A divorced couple considers retying the knot to maximize Social Security payments

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Dear Liz: I was married for 33 years and divorced 4 years ago. We have reconciled and are now back living together as a couple, but have not remarried. I’m 68, and my former spouse is 63. Neither of us is drawing Social Security, but we are now considering applying. Will she be able to draw more if we were to get remarried? It seems as if half of my payment will be more than what she’d get on her own. Also, when should I start drawing my benefit to maximize the payment?

Answer: Let’s start with the simpler of the two answers. Your benefit maxes out at age 70, so waiting until then to apply is usually the right strategy. Maximizing your check also maximizes the survivor benefit, or divorced survivor benefit, your partner might eventually receive.

The amount your partner would get as a spouse or a divorced spouse would be the same: up to 50% of your benefit at your full retirement age, assuming that amount is greater than her own benefit. To qualify for a divorced spousal benefit, the marriage must have lasted at least 10 years and two years must have passed since the divorce.

There’s one crucial difference between spousal and divorced spousal benefits, however. If you remarry one another, she will have to wait for you to apply for Social Security before she can qualify for a spousal benefit. If you don’t remarry, she doesn’t have to wait. A divorced spousal benefit can start as early as age 62, as long as the ex-spouse is also at least 62.

That doesn’t mean your partner should rush out to apply. Applying early — before her full retirement age of 67 — means settling for a smaller check.

Q&A: That Social Security check is in the mail. Or will be someday.

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Dear Liz: I was previously denied a portion of my husband’s Social Security because I received a government pension, and the offset rule made me ineligible. Now that the law is being changed, I’m wondering if I would be eligible to receive survivor benefits from Social Security, as my husband is now deceased.

Answer: The Social Security Fairness Act, which did away with the windfall elimination provision and the government pension offset, was signed into law Jan. 5. These two provisions affected people who earned pensions from government jobs that didn’t pay into Social Security.

Social Security says that no action is needed if you have previously filed for benefits that were partially or completely offset, but that you should make sure the agency has your current address and direct deposit information. You can do that by creating or updating a mySocialSecurity account at www.ssa.gov/myaccount. People receiving government pensions who haven’t applied for Social Security can do so at www.ssa.gov/apply.

Social Security is still working on implementing this major change, but you can look for updates at www.ssa.gov/benefits/retirement/social-security-fairness-act.html.

Q&A: Don’t confuse Social Security’s spousal and survivor benefits

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Dear Liz: I waited until 70 to start taking Social Security. My wife, who is the lower earner, took a spousal benefit at her full retirement age. I know she is entitled to my benefit when I pass. However, I understand she does not get my current benefit but the amount I would have received if I had started Social Security at my full retirement age. How do I find that amount?

Answer: You don’t need to. Your wife’s current spousal benefit was based on the amount you would have received at full retirement age. Her survivor benefit — the one she would get if you die first — will be 100% of your current benefit. Because you waited and maximized your own benefit, you also maximized the survivor benefit she may have to live on in the years to come.

Many people confuse the rules for spousal and survivor benefits. Even though they’re based on the same thing — the earnings record of the higher or “primary” earner, which is you — they have different rules for how they’re calculated.

Q&A: A first paycheck means getting to know Uncle Sam

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Dear Liz: My recently graduated child got a job and he will be given a 1099 tax form for his earnings. I know he will have to file his taxes differently and will need to pay both state and federal income taxes, but will he also make payments toward Social Security? Will these months (and maybe years) go toward his lifetime “credits” of paying into Social Security?

Answer: The company is paying your son as an independent contractor rather than as an employee. That means he will need to file his taxes as someone who is self-employed. So yes, he’ll be paying into Social Security — and he’ll be doing so at twice the rate of employees who receive W2s.

Normally, Social Security and Medicare taxes are split between employees and employers. Both pay 7.65% of the employee’s wages, for a total of 15.3%. Self-employed workers must pay both halves.

Your son won’t have taxes withheld from his earnings, so he’ll likely need to make quarterly estimated tax payments to avoid penalties. A tax pro can help him set up these payments and suggest legitimate expenses he can use to reduce his tax bill.

Q&A: Social Security Disability Benefits for Disabled Adult Children

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Dear Liz: This is regarding the writer whose daughter is a 21-year-old single mom with bipolar disorder and major depressive disorder. Adults who are disabled before age 22 can be eligible for Social Security Disability Insurance under the Disabled Adult Child program. After two years of SSDI, she would be eligible for Medicare. An attorney who handles Social Security disability cases can help her apply for this valuable benefit.

Answer: Thank you. Normally, Social Security requires someone to have worked to earn benefits, but there are exceptions, and the Disabled Adult Child program is one of them. Benefits are based on a parent’s earnings record, so the adult child does not need to have a work history.