Here’s a twist that would make even a seasoned soap opera writer jealous: your former mate’s new boyfriend or girlfriend, your own benefit, and your former mate’s Social Security record all tie into a retirement plot that could land them in your pocketbook. Yes, yes. For divorced or twice-divorced retirees, the Social Security playbook is more forgiving and more lucrative than most people know.
Let’s start with the golden rule: if you were married for 10 or more years to your ex, divorced for two or more years, and have not remarried prior to age 60, then you can take either a spousal or survivor benefit based on your ex’s earnings history. And here’s the kicker your ex can be happily remarried, but their new relationship doesn’t affect your eligibility (divorced spouses are entitled to the greater of their own benefit or the ex-spouse’s benefit). The Social Security Administration won’t even notify them you’re claiming.
But what happens if your ex passes away? That’s when things get really interesting. If your ex-spouse dies and you are still not remarried (or remarried after the age of 60), you can stand in their Social Security shoes and, under the rules, receive 100% of what they were receiving (you may be eligible to receive 100% of the amount your ex-spouse was receiving from Social Security when they died). This is referred to as the survivor benefit, and it can be a savior for those whose own employment record isn’t up to par.
This is how the switcheroo is done: If you’re already taking your own Social Security benefit, you can simply call the Social Security Administration and ask them to switch you over to the survivor benefit if the amount is higher. They won’t pay you both only the higher of the two. As the SSA promises us, “A surviving spouse can collect 100 percent of the late spouse’s benefit if the survivor has reached full retirement age, but the amount will be lower if the deceased spouse claims benefits before reaching full retirement age.”
Timing is critical. If you request survivor benefits before your FRA, you’ll get a reduced amount. Hold off until FRA, and you’ll get the maximum survivor benefit. For those who want to get the most out of every dollar, one smart strategy is to start with your own lesser benefit at age 62, then switch to the full survivor benefit at FRA if your ex’s is much higher (she can start receiving her own Social Security retirement benefits at age 62 and then switch to the surviving divorced ex-spouse benefit when she reaches Full Retirement Age). This way, you get some returns in advance and obtain the maximum survivor benefit afterward.
And suppose you have more than one ex? You can take the record that pays you the most, provided each of these marriages was for 10 years or more. You cannot double dip but you can switch to the higher benefit if your ex passes on.
Remarriage is the wild card. If you remarriage prior to age 60, you lose the right to be eligible for survivor benefits on your ex’s record. But if you remarry after age 60, you’re still part of the survivor benefit club you can’t receive Social Security survivor’s benefits if you marry before age 60. If you marry at age 60 or later.
And don’t worry about your ex’s new spouse or spouse or other exes Social Security is generous. A number of people are able to receive survivor benefits on the same record without reducing anyone’s check.
To get started, you’ll need your marriage certificate and divorce decree, and you’ll have to contact the Social Security Administration directly no online applications for survivor benefits yet. It’s worth the paperwork: even a modest increase in your monthly benefit can add up to tens of thousands of dollars over retirement.
Thus, while navigating divorce and retirement may be twisted, Social Security’s rules offer some unexpected and liberating ways to maximize your ex’s earnings history, no matter the number of chapters your romance has been through.
