survivor benefit Archives

Dear Liz: My sister and brother-in-law were both 68 when she passed away last December. She had been on Social Security disability since her mid 50s until it was converted to retirement in her 60s. He is the higher wage earner and still working. Can he file for survivor benefits now, and then file for his own retirement benefits after he stops working when he turns 70?

Answer: Yes. Since your brother-in-law has passed his full retirement age of 67, he won’t face the earnings test that would otherwise reduce any Social Security benefits he receives. His applying for a survivor’s benefit now won’t preclude him from applying for his own benefit later. His own benefit can continue to grow until it’s maxed out at age 70.

Note that survivor benefits have different rules than spousal benefits, which are based on the earnings record of someone who is still alive. When applying for a spousal benefit, you’re also considered to be applying for your own, and you’ll get the larger of the two. There’s no switching later.

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.