Ask Liz Weston

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survivor benefits

Q&A: Spousal benefits go to spouse, not partner

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Dear Liz: I’ve been separated from my husband for 50 years but there’s been no legal divorce. If he dies, do I receive his Social Security benefit or does his common-law wife of 20 years?

Answer: You do.

Social Security recognizes common law marriage if a couple lives in a state that recognizes such unions, or lived in one when the marriage began. No state, however, recognizes common-law bigamy. As long as he’s still married to you, he can’t be legally married to someone else.

If the two of you divorced and he re-married, his spouse could qualify for benefits on his work record — but so could you. Since your marriage lasted more than 10 years, you could qualify for divorced spousal benefits (a percentage of his benefit while he was alive) as well as divorced survivor benefits (100% of his benefit when he dies). Your divorced spousal benefits would end if you remarry. If he dies and you get divorced survivor benefits, you would be able to keep those if you’re 60 or older when you remarry.

Q&A: When to claim a survivor benefit

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Dear Liz: As a widower who just turned 60, what are the pros and cons of starting my survivor benefit now? My wife passed away at 55, after 20 years of marriage. My lifetime earnings are higher than hers. I am in good health and have not remarried (though I’m open to doing so). Finances are not an issue. I’m debating how long to continue to work. It seems my best Social Security approach is to claim the survivor benefit now, then later (perhaps at age 67 or 70) claim my own benefit. Your thoughts, please?

Answer: If you start any Social Security benefit before your own full retirement age, you will be subject to the earnings test that reduces your checks by $1 for every $2 you earn over a certain limit ($18,240 in 2020). So if you continue to work, it’s often best to delay starting benefits.

Your full retirement age is 66 years and 10 months if you were born in 1959. (It’s 67 for people born in 1960 and later.) Once you reach full retirement age, the earnings test disappears. You could collect the survivor benefit and leave your own alone to grow. Once your benefit maxes out at age 70, you could switch.

Q&A: Social Security survivor benefits complications

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Dear Liz: My husband started collecting Social Security benefits at age 62. I was still working at the time. When I reached my full retirement age of 66, I started collecting spousal benefits, or 50% of the benefit he received. After I reached age 70 and retired, I switched over to my own benefit as it was a larger amount.

If my husband should die first, can I switch back to a survivor benefit based on his earnings record or do I have to continue collecting my own? As I understand it, the survivor benefit would be 100% of his benefit, which is more than I currently receive.

Answer: When one of you dies, the survivor will get one check instead of two, and the amount will be the larger of the two benefits you’re receiving now. So if he dies first, you’ll essentially stop getting your check and start collecting a survivor’s benefit equal to his.

You were lucky that you were able to file what’s known as a “restricted application” to get spousal benefits first, so that your own benefit could continue to grow. That option is not available to people born on or after Jan. 2, 1954.

But it’s unfortunate that your husband started benefits early because that permanently reduces the amount the survivor will receive in the future. Typically it’s best for the higher earner in a couple to delay receiving Social Security benefits as long as possible to maximize what’s left for the survivor.

Q&A: Does Social Security pay survivor benefits in same-sex unions?

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Dear Liz: I am 65 and was recently laid off after 26 years with the same company. My life partner of 25 years died in 2010. We had been legally married in 2008. I’d like to wait until I’m 70 to collect my Social Security. Is there any way I can collect her Social Security until then? I don’t know what the federal laws are regarding this and whether they have caught up to the intent of the law regarding same-sex unions. I’m sure I’m not the only one wondering about this, so any guidance you could provide would be greatly appreciated.

Answer: Yes, you should be entitled to a survivor benefit that’s either equal to what your wife was getting at her death, or what she would have received at full retirement age if she died before applying for her benefits.

A reduced survivor’s benefit is available starting at age 60. You can’t backdate your application until then — the most you can get if you apply now is a lump sum equal to six previous months of benefits. You retain the ability to switch from a survivor benefit to your own (or vice versa for that matter). That’s one of the many ways that survivor benefits differ from spousal benefits, since the ability to switch from a spousal benefit to one’s own benefit is being phased out.

Q&A: Social Security survivor benefits

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Dear Liz: My 90-year-old father recently passed away. My mother, who will be 90 in February, has a phone meeting with Social Security coming up. It is my understanding that she will have the opportunity to take my dad’s full benefit in place of hers since it is much higher. Is that correct? Is there anything else I should know to help her receive the maximum benefits?

Answer: Survivors get only one Social Security check, and it’s the larger of the two they received when their spouses were alive. So yes, she will get the amount your father got. At this point she can’t do much to maximize her Social Security benefit. What she gets depends on when your father started his benefit. The later he started, the more she’ll receive.

Q&A: Social Security survivor benefits

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Dear Liz: I earned more than my wife, who died at age 57 after 18 years of marriage. When I turn 60, can I take survivor Social Security benefits based on her work record and then request my benefit at age 70?

Answer: In a word, yes, and doing so may be smart.

Survivor benefits are different from spousal benefits, which inflict some severe penalties for starting checks early. When you start spousal benefits before your own full retirement age, you’re locked into a permanently smaller check and you can’t later switch to your own benefit, even if it’s larger. The only way to preserve the ability to switch is to file a restricted application for just the spousal benefit at your own full retirement age (which is 66 for people born from 1943 to 1954 and gradually increases to age 67 for people born in 1955 and later). Then you preserve the right to change to your own benefit when it maxes out at age 70.
With survivor benefits, starting early means a reduced check — your widower benefit at 60 would be 30% smaller than if you waited until your full retirement age — but you can switch to your own benefit later. And if you don’t work, starting survivor benefits at 60 is the better course, said economist Laurence Kotlikoff, coauthor of “Getting What’s Yours: The Secrets to Maxing Out Social Security.”

“Getting a reduced benefit for 10 years, from 60 to 70, is better than getting an unreduced benefit for fewer years,” Kotlikoff said.
If you work, however, the math becomes less clear. When you start benefits early, your check is reduced $1 for every $2 you earn over a certain limit, which in 2015 is $15,720. That penalty disappears once you hit your full retirement age.

Online calculators can help you determine the best Social Security claiming strategy. AARP and T. Rowe Price are among the sites that provide free calculators, but they don’t factor in survivor benefits. Consider spending about $40 for one of the more sophisticated calculators, such as Kotlikoff’s MaximizeMySocialSecurity.com, that can include this important benefit.