@Jparker33 wrote:
I have a question on this topic, but I am in the opposite category,i.e., my ex-spouse filed on my work record, and got a higher benefit on my record that she would have gotten on hers. When she turns 70, she will switch to her own benefit, which will then be better than her spousal benefit on my work record. However, I have a feeling that the same pathway would not help me, because the spousal benefit on her work record would still be less than my benefit today (age 68). We were married more than 10 years, divorced years ago, each waived any future claim against the other's social security (later determined to be unenforceable vis-a-vis the (ex) spousal benefit), and neither spouse has re-married.
Though I am not expert on the technicalities of Social Security, I do know the underlying philosophy of the program, which is to punish the productive and reward the indolent. They would be quick to say that this does not affect my individual benefit at age 70, but that is not correct- it is things like this that are driving the program to insolvency, where it already is saying that they will be unable to pay the promised benefits as early as 2035.
The most your ex can get is 50% of your benefit; likewise you would get 50% of their benefit if you declared on their record.
The rules were created to protect spouses whose work history was negatively impacted by staying home to raise kids and so on. (In my case, I worked a low paying job and delayed school so my wife could go to college. As a result, she has always earned more than me, and even though I am starting to catch up, my 35 year history will always be less than hers.)
If you're worried about insolvency, you need to talk to Congress.
