Social Security benefits are an interesting topic, while even those individuals that have been divorced for several years may still receive benefits from their ex-spouses work records. True, this may seem a bit odd at first, but our Cincinnati Social Security disability attorneys have gathered some information regarding this subject in order to further educate individuals in similar situations. The following demonstrates common scenarios regarding this subject:
| Q: I have been divorced twice and started taking my own Social Security at age 68. My first wife passed away last year, we were married over ten years. Am I eligible to collect her Social Security benefits? A: Yes, you are able to collect on these benefits, but you may or may not receive a higher benefit from their work record. In any case, you will receive the larger of the retirement or survivor benefit. If you are under the age of 70, you may suspend your benefits until you turn 70, while taking your excess survivor benefit which will equal the amount of difference between the survivor benefit and your retirement benefits inclusive of any delayed retirement credits you have while waiting to collect. At age 70, you can restart your benefits at a greater value by filling out the application of the delayed retirement credit. We advise first checking with the Social Security Administration to verify if collecting using your ex's record would result in a higher benefit. |
| Q: I have been retired since 2005 and have been collecting my pension. I have been informed that I may be able to collect Social Security benefits. Do I have any options? A: If you have the ability to apply for Social Security benefits, we advise to do so. You will be able to collect through your full retirement age, and then automatically convert them to your full retirement benefit. |
| Q: I was married for 30 years and divorced at age 55; we were married for nearly 30 years. Should I file under my Social Security or my ex's? A: In order to receive your ex's benefits, your ex has to be over the age of 62. If your ex is now deceased, you have the option to file to receive a survivor benefit on his record, provided that you did not re-marry before the age of 60. |
| Q: I was married to a man from Canada for 10 years. During this time he became a U.S. citizen and worked for many years. When we divorced he moved back to Canada. I have never re-married, am I eligible to collect some of the Social Security benefits he earned while working in the United States? A: Yes, you can collect from their benefits, and if he passes away before you, you can collect the survivor benefits based on his earning records. However, this presupposes he is eligible to collect such retirement benefits. To do so, he must have worked 40 quarters of covered employment. Furthermore, you must both be at least age 62 in order to collect spousal benefits on the other persons work records. |
| Q: My wife recently passed away at age 67 and I am 59. Can I collect survivor benefits when I turn 60, or will this reduce the amount of retirement benefits I receive? Or should I keep receiving survivor benefits instead? A: By taking your survivor benefits early, it will not force you to take your own retirement benefits. You may take a reduced survivor benefit at age 60, and apply for your own retirement benefit at age 70. At this time, your Social Security check will equal the larger of either your own retirement benefits, or your survivor benefits. However, your retirement benefits will be 76 percent higher after inflation than if you start receiving them at age 62. |
