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divorced spousal benefits

Q&A: In a divorce, are Social Security benefits on the table?

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Dear Liz: Twenty years ago, after 14 years of marriage, a friend divorced her husband. She says that as part of her divorce settlement, she signed a document agreeing not to collect divorced spousal benefits from Social Security. Is that even legal? She’s in her 60s and fears she can never retire because her own Social Security won’t be enough to live on.

Answer: Your friend may well have signed such an agreement, but it doesn’t matter. Federal law — specifically Section 407(a) of the Social Security Act — forbids including Social Security benefits as part of a divorce settlement. In a fact sheet titled “5 Things Every Woman Should Know About Social Security,” the agency notes that some women have signed divorce decrees giving up their rights to divorced spousal benefits, but says such clauses “are worthless and never enforced.”

So if she’s entitled to a bigger benefit from her ex’s record than from her own, she can claim it.

A divorced spousal benefit doesn’t decrease the ex’s benefit, or the benefit of any of the ex’s subsequent spouses. Trying to prevent someone from claiming a divorced spousal benefit is mean-spirited as well as pointless.

Q&A: An ex-husband is delaying his Social Security benefits. Must she wait, too?

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Dear Liz: I read your column about divorced spousal benefits for Social Security. I was divorced as of Jan. 1. My ex-husband will be 65 next year and wants to delay benefits until he’s 67. Must I wait to get spousal benefits until then because of his decision? I also will be 65 next year. We were married 36 years.

Answer: If you were still married, you would have to wait until your husband applied for Social Security before you would be eligible for spousal benefits. Since you’re divorced, you only have to wait until he qualifies to file for retirement benefits to file. (He qualified when he turned 62.)

That doesn’t mean you should rush to file, however. Starting benefits before your own full retirement age means accepting a permanently reduced check. Your benefit also would be subject to the earnings test, which withholds $1 of your benefit for every $2 you earn over a certain limit, which in 2024 is $22,320.

Waiting until full retirement age means both the reduction and the earnings test would disappear. If you were born in 1960, your full retirement age is 67.

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: Eyeing a second divorce and the first ex’s Social Security

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Dear Liz: I was married for 12 years and have remarried. If I divorce again, am I eligible for my first husband’s Social Security?

Answer: People who were married for at least 10 years and who are currently unmarried may be eligible for divorced spousal benefits based on their ex’s work record. So if you divorce, you may be eligible for up to half of your first husband’s benefit at his full retirement age — assuming that this divorced spousal benefit is more than your own retirement benefit.

Applying before your own full retirement age means your divorced spousal benefit would be reduced. The benefit also would be subject to the earnings test, which reduces your benefit by $1 for every $2 you earn over a certain amount, which in 2024 is $22,320.

Q&A: How late-in-life divorce could affect Social Security benefits

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Dear Liz: I’m a CPA and getting conflicting answers from the Social Security office about a case I’m working on. Both clients are 70 and they’re considering legal separation or divorce. She took Social Security at 62 and receives about $1,500 a month before deductions. He started Social Security at 70 and receives about $4,600. How would her Social Security change at his death or their divorce, if she doesn’t remarry?

Answer: Based on the amounts involved, both parties are receiving their own retirement benefits and those aren’t affected by divorce, said William Reichenstein, a principal at Social Security Solutions, a claiming strategy site. (If the wife were receiving spousal benefits, those would continue after divorce as long as the marriage lasted at least 10 years and she did not remarry.)

If the husband dies and they haven’t divorced, the wife would be entitled to survivor benefits equal to his full monthly benefit amount ($4,600, plus any future cost of living increases). If they divorce and the marriage lasted at least 10 years, she also would be entitled to his full amount. Remarriage wouldn’t affect her divorced survivor benefit since she’s over 60, Reichenstein said.