Divorced Spousal Benefits

Q: Good afternoon. I have your older edition of "Get what is yours". Great book. I have recently filed a restricted application against my ex-spouse's account. The app was approved and during that process, I was told that I could file a retroactive claim to 12/1/2020. When I spoke with SSA this past Monday, (they actually called me!) I think what I was told is that the claim could only go back to when she filed for benefits in July.

Is that correct? I cannot find a clear statement as to what impact on my application her filing status is. I did accept the offer and received the retroactive benefit today!! She was born on 5/25/1955 so I would assume her full retirement age is 66 years and two months. Does that have bearing on my app?

If they are wrong about the retro period, can I challenge the decision? The difference is about $8,000.

Thank you for your time.

A: I'm assuming you were born prior to January 2 1954, since only people born prior to then can file restricted applications for spousal benefits only. Your wife's full retirement age isn't important since she only needs to be at least age 62 for you to potentially qualify for divorced spousal benefits. But, the only way that you could claim divorced spousal benefits for months prior to the first month that your ex-wife claimed her benefits is if your divorce was final for at least 2 years. So, it sounds like you could be paid for up to 6 months retroactively from your month of filing as long as your divorce had been final for at least 2 years during all of that time.

If it sounds like you're eligible for more back pay and if Social Security hasn't yet processed your claim then you should call them back and direct their attention to section RS 00202.100 (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300202100) of their operations manual. But, if Social Security has already processed your claim with an incorrect month of entitlement then you'll need to file an appeal. The first step of appeal is called reconsideration, and the form that you need to complete and submit is an SSA-561 (https://www.ssa.gov/forms/ssa-561.pdf)

Q: I have had two marriages that lasted 10.5 years each - not planned that way but just happened! Both ended in divorce and I am not remarried. My ex's are both retired and collecting social security. My first ex served 21 years in the military while we were married. My second ex receives social security and disability. I understand that I am not eligible for receipt of any of his disability benefits - nor would I want to. I turned 67 in October and am also eligible for full retirement but to my own accord choose to continue to work until I turn 70. Am I eligible to collect social security benefits from both of my ex's due to each marriage lasting beyond 10 years? If not, is there a choice from which ex to receive SS benefits? Thank you, Susan

A: Since you were apparently born after January 1 1954, you couldn't apply for spousal benefits on the record of a living ex-husband without being required to apply for your own benefits at the same time. And, you'd then only be paid the higher of the two benefit rates. Therefore, the only way you'd be eligible for spousal benefits from either of your former husbands is if your own primary insurance amount (PIA) is less than half as much as their PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA).

However, if one or both of your ex's dies you could potentially qualify for surviving divorced spousal benefits, but if you're already drawing your own benefits when that happens you could only be paid survivor benefits if your ex's full benefit rate is higher than your own benefit rate. If you do qualify for divorced spousal or survivor benefits, you couldn't be paid on both of your ex's records at the same time. You could only be paid on whichever of their records would pay you the highest benefit rate.

Q: I just turned 62 my ex husband is 56 and is appliances for disability now but has not received an answer yet can I collect the amount his benefit would be if he was 62 he is 6years younger than me we were married 11 years and currently divorced for last 17 years

A: Your ex-husband would need to either be at least age 62 or drawing his Social Security retirement or disability (SSDI) benefits in order for you to potentially qualify for divorced spousal benefits. Therefore, unless your ex-husband is approved for SSDI benefits then you couldn't qualify for benefits from his account until he turns age 62 or dies.

Also, you would need to be at least age 62 and be unmarried in order to potentially qualify for divorced spousal benefits. Unreduced divorced spousal benefits are calculated based on 50% of the worker's primary insurance amount (PIA), but your benefit rate would be reduced for age if you start drawing prior to your full retirement age (FRA). Furthermore, you can't file for divorced spousal benefits unless you also apply for your own Social Security retirement benefits, and you can only be paid basically the higher of the two benefit rates.

Can My Mother Collect Benefits Based On Her Living Ex-Spouse's Record?

Q: Mother married for 20 years then divorced then remarried another man then widowed . Can she collect based of her living ex spouses record (first marriage)...fyi she is currently 74 and collecting on her own record since she made more than her deceased 2nd husband.

A: Possibly. Subsequent marriages don't bar a person from being able to qualify for divorced spousal benefits on a former spouse's record, provided that the subsequent marriage(s) has ended in death or divorce.

However, as long as her ex-husband is living, your mother would only be eligible for divorced spousal benefits if her ex's primary insurance amount (PIA) is more than twice as much as her own PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA).

Q: I'm 62 and in the process of getting a divorce. This is my second (and last!) marriage. My question is- am I able to draw SS on my first husband after a period of time post divorce? My SS will only be $900 a month but I will probably start soon because I'm having medical issues but from what I've heard, it may be possible to transition to his later on. We were married 11 years. I've only been legally married to my current husband for 4 years although we've lived together for nine.

Hope you can clarify this for me!

A: You just need to be unmarried in order to potentially qualify for divorced spousal benefits on the record of a former spouse. You don't need to serve a waiting period after divorcing a subsequent spouse before you can potentially qualify for divorced spousal benefits on the record of a former spouse. You would, however, need to meet the other requirements for divorced spousal benefits, which are outlined in the following section of Social Security's handbook: https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html.

You can't apply for divorced spousal benefits without also applying for your own benefits at the same time, though, and you could only be paid essentially the higher of the two benefit rates. Furthermore, your benefit rate will be reduced if you start drawing benefits prior to your full retirement age (FRA), and the Social Security earnings test could cause some of all of your benefits to be withheld if you continue working and if you earn too much (https://www.ssa.gov/benefits/retirement/planner/whileworking.html).

You may want to strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully analyze the options available to you in order to determine your best strategy for maximizing your benefits.

Q: I turned 62 on oct 31, 2020, i filed for ss 3 months before my birthday, i qualify to get my ex-husband's ss when he turns 62 on feb 2, 2022. His is substantially more than mine. My question is, do i have to wait until he turns 62, or can i apply 3 months before like i could with my own ss?

A: You can apply up to 4 months in advance of the month that you want to claim divorced spousal benefits. Your ex-spouse does need to be at least age 62 or be drawing his benefits in order for you to meet the requirements for divorced spousal benefits, though. And, if he isn't yet drawing his benefits then your divorce must have become final at least 2 years prior to the month that you claim benefits.

Based on your ex's birthdate It sounds like you could potentially qualify for divorced spousal benefits as early as February 2022, so you could file an application as early as October 1st 2021.

Q: I was married 10 yrs..but my ex is in prison for murder..is she still eligible for my ss benefits

A: There isn't enough information in your question for me to know if your ex-wife is eligible for divorced spousal benefits, but even if she's eligible she couldn't be paid any Social Security benefits while she's incarcerated due to a felony conviction. In order to even be technically eligible for divorced spousal benefits your ex would need to be unmarried and at least age 62, and you would either have to be at least age 62 or drawing Social Security retirement or disability benefits (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html).

I should also mention that even if your wife is released and then qualifies to be paid divorced spousal benefits, it wouldn't have any adverse effect on your Social Security benefits. Nor would it adversely affect any other spousal, child or survivor benefits payable from your Social Security record.

Q: I'm going to be 62 in April and currently collect a small non government pension of $813 monthly which was reduced because I had to take it early due to my ex husband deciding to leave for someone else after 40 yrs of marriage.. I had not worked for the past 5 yrs and was not prepared for the devastating financial loss. It was a high conflict divorce and I took a higher loss. The constant stress has wreaked havoc on my physical and mental health. I filed for disability and qualified under my physical diagnosis however I had a couple of retirement accounts that disqualified me and not enough work credits. I have very little cash left, medical bills, and $813 a month to live off of. He just turned 65 and still works. ssa said the most I would get would be $745 off of his social security income and they would not go into detail on his earnings until I turned 62. Am I getting the runaround or does this make sense?

A: There is a privacy act that prevents Social Security employees from giving out information about a person's benefits and private information, so I imagine that's why they were hesitant to tell you much about your divorced spousal options.

What I can tell you is that whenever you apply for benefits you'll be deemed to be filing for both your own Social Security retirement benefits and for divorced spousal benefits. You can then only be paid basically the higher of the two benefit rates. Unreduced divorced spousal benefits paid on the record of a living ex spouse are calculated at 50% of the worker's primary insurance amount (PIA), but the monthly amount you'll be paid will be reduced for age if you start drawing benefits before your full retirement age (FRA).

Q: Social security rep said that collecting 50% of Ex-spouse’s Social Security is no longer available to the ex-wife. Is that correct?

A: Social Security still pays divorced spousal benefits, but the amount depends on whether or not you're eligible for benefits on your own account and your age at the time you claim the benefits. Also, people born after January 1 1954 can no longer file just for divorced spousal benefits at full retirement age (FRA) while allowing their own benefit rate to keep growing (https://www.ssa.gov/benefits/retirement/planner/claiming.html).

You may want to strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully analyze the options available to you in order to determine your best strategy for maximizing your benefits.