CAN I GET MY EX’S SOCIAL SECURITY?

THINKING RETIREMENT – ANDY LANDISDivorced?  You might qualify for Social Security payments from your ex—and take a “Dualie Detour” to maximize your own payments. If you’re confused about Social Security rules for divorced individuals, you’re not alone.  Let’s clear up the muddle and discover some ways to work the rules to your advantage.

I’m divorced and don’t have a ten-year work history.  Can I get Social Security? Probably.  You can get Social Security “former spouse paymentshttp://www.ssa.gov/planners/retire/divspouse.html if the following requirements are met:

  • You must be age 62 or over
  • Your former spouse must be at least 62, and have enough work to qualify for Social Security (but not necessarily getting payments, if you’ve been divorced for two years)
  • Your marriage must have lasted at least 10 years before divorce
  • You must be currently unmarried (but you may have intervening marriages, now ended)
  • If you are under Full Retirement Age (FRA, currently 66), your spousal payment will be reduced and your current work must be limited.Whew!  That’s a lot of requirements.  But if you qualify, you will receive monthly payments of 35% to 50% of your ex’s Social Security, and you’ll get Medicare at 65.

I’m divorced and have my own ten-year work history.  Can ex-spousal payments help me? If your ex-spouse also has a ten-year work history, you’re what I call a “dualie.”  http://www.marketwatch.com/story/rules-of-the-road-for-social-security-dualies-2014-12-04  That means you’re dually-eligible for Social Security, as a worker and as a former spouse.That clears the road to the “Dualie Detour.”  Wait until your FRA to file for Social Security, and then file only for the ex-spousal paymenthttp://www.ssa.gov/planners/retire/applying6.html#a0=1 Hold your own Social Security in reserve.  At age 70, get a raise by filing for your own Social Security—by then it has reached its maximum, 132% of your age-66 payment.  Of course this pathway assumes that your own payment at 70 is greater than the spousal payment.  The Detour won’t work if you file for Social Security before FRA, so be patient.

I want to remarry. – While you are married you cannot get Social Security from your ex-spouse.  (But see the exception below if your ex-spouse is deceased.)

My ex passed away.  How does that change things? SSA calls you a “surviving divorced spouse.”  http://ssa.gov/planners/survivors/ifyou3.html  Survivor payments are different in four ways:

  • Reduced payments are available as early as 60 (or 50 if you’re disabled).
  • You can get up to 100% of your ex-spouse’s Social Security, not the 50% payable from a living ex-spouse.  (Please don’t think of this as an incentive…!)
  • You can remarry http://www.marketwatch.com/story/social-security-marriage-and-divorce-2014-03-11 and still receive survivor payments, as long as your remarriage was after age 60.
  • The Dualie Detour opens earlier.  You can take one payment before FRA, and still maximize the other one (the survivor payment maximizes at FRA; your own Social Security maximizes at 70).

How can I learn more? Check the SSA websites on divorced spouses http://www.ssa.gov/planners/retire/divspouse.html or surviving divorced spouses. http://ssa.gov/planners/survivors/ifyou3.html   My book http://www.amazon.com/Social-Security-Edition-Explains-Benefits/dp/1499255233/ref=sr_1_2?ie=UTF8&qid=1401474465&sr=8-2&keywords=landis+social+security is a good resource with lots of examples.  Be sure to consult with SSA http://www.ssa.gov/agency/contact/ before committing to any pathway.

READ MORE HERE. And as always, keep on planning.

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