Social Security

Q&A: Divorce and Social Security spousal benefits

August 24, 2015 By Liz Weston

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 death benefits for a divorced spouse

July 27, 2015 By Liz Weston

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.