Social Security & divorced spouse question
Social Security & divorced spouse question
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Last edited by tph090 on Sun Mar 26, 2023 1:12 pm, edited 1 time in total.
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Re: Social Security & divorced spouse question
I am going to recommend this book:
Get What's Yours: The Secrets to Maxing Out Your Social Security
You can probably get it from a library.
There's enough money at stake that I would consider talking to a lawyer who specializes in SS.
Get What's Yours: The Secrets to Maxing Out Your Social Security
You can probably get it from a library.
There's enough money at stake that I would consider talking to a lawyer who specializes in SS.
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- Posts: 977
- Joined: Mon Feb 22, 2021 5:00 pm
- Location: FL Tampa Bay
Re: Social Security & divorced spouse question
Your relative should definitely try to stay married through 10 years, since both her spousal and survivor benefits are predicated on a minimum 10 year marriage.
With a 20 year age gap, the planning is more complicated, but if she stays married for 10 years (I would plan for a cushion of X number of days beyond 10 years), she is eligible for a spousal benefit. Once her ex passes, she is also eligible for a survivor benefit.
The earliest claiming ages for the 2 benefits are 62 for spousal & 60 for survivor. With a 20 year split, she can claim spousal (at a reduced amount) at 62. [Edited to remove incorrect info]. If she waits until she is 67, she will earn the maximum 50% of his benefit at his FRA.
If he passes before she is 60, she can claim survivor benefits as early as 60 (at a reduced amount). If she waits until 67, she will be eligible for 100% of his benefit at his death. "If you are the divorced spouse of a worker who dies, you could get benefits the same as a surviving spouse, provided that your marriage lasted 10 years or more."
Like all things SSA, it's complex. She can claim each benefit separately- many people claim their spousal benefit early (62) and wait until FRA of 67 to claim the larger survivor benefit. Edited to add- at that point, the spousal benefit would stop & her survivor benefit would start, potentially more than doubling her benefit if her ex claimed later than his FRA.
Your relative needs to stay married for 10 years & 1 month or so & then start researching her options. I assume she's relatively young, 40s, since her husband hasn't claimed SS yet?
Divorced Survivor benefits link [CTRL-F 'Surviving Divorced Spouse']- https://www.ssa.gov/benefits/survivors/ifyou.html#h3
Divorced Spousal benefits link- https://www.investopedia.com/ask/answer ... usband.asp
With a 20 year age gap, the planning is more complicated, but if she stays married for 10 years (I would plan for a cushion of X number of days beyond 10 years), she is eligible for a spousal benefit. Once her ex passes, she is also eligible for a survivor benefit.
The earliest claiming ages for the 2 benefits are 62 for spousal & 60 for survivor. With a 20 year split, she can claim spousal (at a reduced amount) at 62. [Edited to remove incorrect info]. If she waits until she is 67, she will earn the maximum 50% of his benefit at his FRA.
If he passes before she is 60, she can claim survivor benefits as early as 60 (at a reduced amount). If she waits until 67, she will be eligible for 100% of his benefit at his death. "If you are the divorced spouse of a worker who dies, you could get benefits the same as a surviving spouse, provided that your marriage lasted 10 years or more."
Like all things SSA, it's complex. She can claim each benefit separately- many people claim their spousal benefit early (62) and wait until FRA of 67 to claim the larger survivor benefit. Edited to add- at that point, the spousal benefit would stop & her survivor benefit would start, potentially more than doubling her benefit if her ex claimed later than his FRA.
Your relative needs to stay married for 10 years & 1 month or so & then start researching her options. I assume she's relatively young, 40s, since her husband hasn't claimed SS yet?
Divorced Survivor benefits link [CTRL-F 'Surviving Divorced Spouse']- https://www.ssa.gov/benefits/survivors/ifyou.html#h3
Divorced Spousal benefits link- https://www.investopedia.com/ask/answer ... usband.asp
Last edited by Navillus1968 on Sat Mar 25, 2023 5:28 pm, edited 1 time in total.
Re: Social Security & divorced spouse question
Thank you for explaining this! Yes she's relatively young, 41, and spouse is 61. He wants to continue working so I don't believe he will file until FRA if that has any impact. I think this would provide a lot of extra peace of mind and he seems fine with it as it's something he can do that provides a huge benefit to her for added peace of mind without costing him anything. Even if the gov ends up cutting back on this benefit at some point in the future with SS shortfalls, it definitely seems worthwhile for her to wait until the 10 year mark.Navillus1968 wrote: ↑Sat Mar 25, 2023 4:29 pm Your relative should definitely try to stay married through 10 years, since both her spousal and survivor benefits are predicated on a minimum 10 year marriage.
With a 20 year age gap, the planning is more complicated, but if she stays married for 10 years (I would plan for a cushion of X number of days beyond 10 years), she is eligible for a spousal benefit. Once her ex passes, she is also eligible for a survivor benefit.
The earliest claiming ages for the 2 benefits are 62 for spousal & 60 for survivor. With a 20 year split, she can claim spousal (at a reduced amount) at 62. Since her ex will be 82, he is guaranteed to have claimed SS for himself, making her eligible. If she waits until she is 67, she will earn the maximum 50% of his benefit at his FRA.
If he passes before she is 60, she can claim survivor benefits as early as 60 (at a reduced amount). If she waits until 67, she will be eligible for 100% of his benefit at his death. "If you are the divorced spouse of a worker who dies, you could get benefits the same as a surviving spouse, provided that your marriage lasted 10 years or more."
Like all things SSA, it's complex. She can claim each benefit separately- many people claim their spousal benefit early (62) and wait until FRA of 67 to claim the larger survivor benefit. Edited to add- at that point, the spousal benefit would stop & her survivor benefit would start, potentially more than doubling her benefit if her ex claimed later than his FRA.
Your relative needs to stay married for 10 years & 1 month or so & then start researching her options. I assume she's relatively young, 40s, since her husband hasn't claimed SS yet?
Divorced Survivor benefits link [CTRL-F 'Surviving Divorced Spouse']- https://www.ssa.gov/benefits/survivors/ifyou.html#h3
Divorced Spousal benefits link- https://www.investopedia.com/ask/answer ... usband.asp
Re: Social Security & divorced spouse question
Thank you, yes I will definitely recommend a chat with a lawyer who deals with SS and this book.niagara_guy wrote: ↑Sat Mar 25, 2023 11:46 am I am going to recommend this book:
Get What's Yours: The Secrets to Maxing Out Your Social Security
You can probably get it from a library.
There's enough money at stake that I would consider talking to a lawyer who specializes in SS.
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- Location: FL Tampa Bay
Re: Social Security & divorced spouse question
Correction to my last post- It's moot in your relative's case, but I misspoke about the need for the ex to file & receive SS benefits for your relative to be eligible for spousal benefits. If you're still married, the worker needs to claim his worker's benefit for the spouse to claim her spousal benefit. Divorced spouses can claim independently. Because of the age difference, it's impossible that her ex won't have claimed by the time she turns 62, so it won't matter even if if were true (which it isn't!). Sorry for the bad info.tph090 wrote: ↑Sat Mar 25, 2023 4:59 pmThank you for explaining this! Yes she's relatively young, 41, and spouse is 61. He wants to continue working so I don't believe he will file until FRA if that has any impact. I think this would provide a lot of extra peace of mind and he seems fine with it as it's something he can do that provides a huge benefit to her for added peace of mind without costing him anything. Even if the gov ends up cutting back on this benefit at some point in the future with SS shortfalls, it definitely seems worthwhile for her to wait until the 10 year mark.Navillus1968 wrote: ↑Sat Mar 25, 2023 4:29 pm <snip>
Divorced Survivor benefits link [CTRL-F 'Surviving Divorced Spouse']- https://www.ssa.gov/benefits/survivors/ifyou.html#h3
Divorced Spousal benefits link- https://www.investopedia.com/ask/answer ... usband.asp
Note that re-marriage before age 60 will jeopardize both her spousal & survivor benefits. Weird but true. https://www.thrivent.com/insights/socia ... spouse-get
Re: Social Security & divorced spouse question
If her spouse waits till they are married 10 years before divorcing, is it considered a long-term marriage? If it's considered a long-term marriage, does he owe her alimony for life? If so, he could be shooting himself in the foot by trying to do her a favor.
Re: Social Security & divorced spouse question
I would guess that the answer is state-specific, but I'm not an expert. I do know that at least in some states the parties can agree to any division of assets they feel is appropriate regardless of the length of the marriage, so possibly that aspect has already been agreed to. Of course in theory until the actual divorce either party could have second thoughts.Ependytis wrote: ↑Sat Mar 25, 2023 10:28 pm If her spouse waits till they are married 10 years before divorcing, is it considered a long-term marriage? If it's considered a long-term marriage, does he owe her alimony for life? If so, he could be shooting himself in the foot by trying to do her a favor.
Re: Social Security & divorced spouse question
Divorce is def state specific, but I would imagine it’s not difficult to delay a divorce for a few months. Some states require a separation first.
https://www.divorcesource.com/ds/divorc ... -621.shtml
https://www.divorcesource.com/ds/divorc ... -621.shtml
Re: Social Security & divorced spouse question
This thread has run its course and is now locked.
OP has deleted his original post. Moderator Pops1860
OP has deleted his original post. Moderator Pops1860
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