Ask Liz Weston

Get smart with your money

Divorce

Monday’s need-to-know money news

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shutterstock_101159917Today’s top story: How to avoid debt after a divorce. Also in the news: What you need to have in your financial emergency kit, why frugal people aren’t cheap, and how attempting to save money can backfire.

4 Ways to Avoid Debt After Divorce
Building your new financial life.

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What you need to have when things go wrong.

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Being smart doesn’t mean being cheap.

7 ways your attempts to save money can backfire
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Q&A: Social Security spousal benefits and divorce

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Dear Liz: My former husband is 11 years older than I am, and we were married for 15 years.

I am 54 and have never remarried. When I turn 62, can I claim spousal benefits based on his work record because he will be past full retirement age? Or do I have to be at my own full retirement age of 67 before I can claim the divorced benefit?

I was thinking that I could start claiming spousal benefits at 62 and then wait until I am 70 (letting my benefit grow). At that point, we can see which benefit is larger — half of his benefit or my full benefit. He has made much more money than I have through the years, but he has also been unemployed off and on while I have been employed consistently.

Answer: You can claim divorced spousal benefits as early as age 62 long as you remain unmarried and your marriage lasted at least 10 years.

But you lose the option to switch from a spousal benefit to your own benefit if you start Social Security before your own full retirement age.

So if your plan is to get the maximum benefit, it’s important to wait until you turn 67 to apply. At that point, you can file a restricted application for spousal benefits only and receive an amount equal to half of your ex’s benefit while letting your own grow a guaranteed 8% each year until age 70, when your benefit maxes out.

Q&A: Divorce and Social Security spousal benefits

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Dear Liz: My ex-wife and I were married for 12 years. She is 55. I am 64 and collecting Social Security. At what age can she apply for spousal benefits?

Answer: If she doesn’t remarry, she can apply for spousal benefits as early as age 62. If she applies early, though, she would lose the option to switch to her own benefit later if it’s larger.

To preserve that option, she would need to wait until her own full retirement age, which is 67 for those born in 1960 and later.

Dear Liz: My husband is 68 and I am 59. My husband is deferring his Social Security to age 70 to get the largest amount. If he predeceases me, at what age would I be eligible for 100% of my husband’s current Social Security benefit? Would I have to wait to age 66 for that benefit?

Answer: If your husband should die, you could apply for survivor’s benefits as early as age 60 (or 50 if you are disabled). Your benefit would be reduced to reflect the early start. To get 100% of your husband’s benefit, you typically would have to wait until your own full retirement age. If you were born in 1956, that would be 66 and four months.

There’s a wrinkle here, though. By waiting to start his benefit, your husband is earning what are known as delayed retirement credits that increase his benefit by 8% annually (or two-thirds of 1% each month). Your survivor’s benefit would be based on the benefit he’s earned, including the delayed retirement credits, even if he should die before age 70. So at least some of the effect of your early start would be offset by the fact that he delayed benefits.

If your husband had started benefits early, by contrast, your survivor’s benefit would have been based on that permanently reduced amount. By waiting, your husband is ensuring that you will get the largest survivor benefit possible while increasing the odds that you as a couple will get the most out of Social Security.

Q&A: Social Security spousal benefits and divorce

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Dear Liz: My former husband is 11 years older than I, and we were married for 15 years. I am 54 and have not remarried.

When I turn 62, can I claim a spousal benefit based on his Social Security record because he’s already reached full retirement? Or do I have to be at my own full retirement age of 67 before I can claim the divorced benefit?

I was thinking that I could start claiming a spousal benefit at 62 and then wait until I am 70 to see which benefit is larger — half of his or mine with three years of 8% annual delayed retirement credits added in. If mine is more at that point, I could switch.

Is that possible or is that double dipping? He has made much more money than I have through the years, but he has also been unemployed off and on. I have made less money, but have been employed consistently throughout my life, so I’m not sure whose will be more when it all shakes out.

Answer: If you start spousal benefits or divorced spousal benefits early, your check will be permanently reduced and you’ll lose the option to switch later — even if your own benefit would have been larger.

When you apply for Social Security benefits before your full retirement age, you’ll be “deemed” to be applying for both your own benefit and any spousal benefits to which you’re entitled. If your spousal benefit is larger, you’ll be given your own benefit plus an amount to make up the difference. Once you start your benefit, it stops growing except for cost-of-living increases.

It’s only if you wait until your full retirement age to file that you have the option of filing a “restricted” application for spousal benefits only. Then you’ll preserve the option of switching to your own benefit later if it’s larger.

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Q&A: Social Security death benefits for a divorced spouse

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Dear Liz: I have heard conflicting information about Social Security death benefits for a divorced spouse. We divorced after 18 years and I have not remarried. What percent of his benefit is available to me?

My own Social Security is low as it started as a disability payment and then converted to regular Social Security when I turned 65.

To the best of my knowledge, my former spouse was getting the maximum Social Security benefit. He was a very high wage earner. Can you provide a simple-to-understand answer? I have received conflicting information from numerous sources including three separate people at the Social Security Administration.

Answer: It’s concerning that you would get varying answers from Social Security representatives, since the answer is simple given the facts you describe.

You should be entitled to a survivor’s benefit that equals 100% of what your ex was getting when he died, said economist Laurence Kotlikoff, a Social Security expert who co-wrote “Get What’s Yours: The Secrets to Maxing Out Your Social Security.”

Your marriage lasted the required 10 years, and you would be starting survivor benefits after your own full retirement age, so the amount would not be reduced to reflect an early start.

The fact that you’re unmarried is irrelevant in this case. Survivors’ benefits are available even to those who remarry, as long as the subsequent marriage happens after the recipient reached age 60.

That’s different from spousal benefits for the divorced, which aren’t available after remarriage at any age unless the subsequent marriage ends.

It’s possible that some or all of the people you queried didn’t understand your question or thought you were asking about spousal rather than survivor benefits. Another possibility is that they just don’t know the rules.

That’s not unusual, Kotlikoff said. Social Security regulations are complex, and not all of its employees are experienced. Kotlikoff said he often hears from people who have been told things that are “outright wrong, partially wrong, incomplete or confused.”

Educating yourself with Kotlikoff’s book and the Social Security’s own site may be a better solution than relying on its employees for answers.