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ruthanngeib
Returning Member

Former spouse receipt of benefits?

Hi.  My husband was married for for more than 10 years to his ex.  He is 62.  Will his ex get any of his SS benefits?  If so, will that reduce the amt he receives when he decides to claim?  This could affect his decision to claim at 65.

 

I am 65, with FRA reached next April, and I was the highest wage earner, so we were planning to let him claim and I would wait.

 

 

4 Replies

Former spouse receipt of benefits?

Note that the rules on spousal benefits changed in 2015.

https://www.ssa.gov/benefits/retirement/planner/applying7.html#h4

 

Because your current husband remarried (to you) he is not eligible for SS benefits based on his ex-wife's work record, only his own work record.  His FRA is probably 66+, so retiring at 65 will give him a slightly reduced benefit (but he will collect it longer, which may work out in his favor, depending on how long he lives.)

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
ruthanngeib
Returning Member

Former spouse receipt of benefits?

Ok.  But is his ex able to claim any part of his benefits when he does file?  If so, what % or portion?

Former spouse receipt of benefits?


@ruthanngeib wrote:

Ok.  But is his ex able to claim any part of his benefits when he does file?  If so, what % or portion?


Ok, mis-read the question.  If they were married more than 10 years and she did not remarry, she can apply for ex-spouse benefits.  This does not affect his benefit in any way.  

 

The ex-spouse will first receive a benefit based on their own work record.  If that is less than half his benefit, then his benefit will make up the difference.  In other words, she would get her own benefit if it is more than half his benefit, and would get half his benefit if her own benefit would be less.

 

If she retires at her full retirement age, then her spousal benefit would be 50% of his FRA benefit, regardless of how old he is or when he retires.  If the ex retires early, her benefit is reduced. 

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
ruthanngeib
Returning Member

Former spouse receipt of benefits?

Thank you.

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