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Divorced after 10 years - Can I claim Social Security ex-spouse benefits if we've been separated 20+ years?

I've been divorced since 2005 and recently started thinking about retirement. My ex-husband and I were married for just a little over 10 years (10 years and 3 months to be exact). He's always worked good-paying jobs while I've had employment gaps raising our kids and mostly lower-wage positions. Someone at work mentioned I might be eligible for Social Security benefits based on his record even though we've been divorced for 20+ years now? Is this actually true? I'm turning 62 next year and trying to figure out all my options. Would I get notified somehow or do I need to apply? And would he know if I claim on his record? I really don't want any contact with him if possible.

I just want to thank everyone for all the helpful information! I had no idea about so many of these rules. I'm going to create my Social Security account online today to check my own benefit amount, then I'll call and make an appointment to discuss my options before making any decisions. I'm thinking I might wait until closer to my full retirement age now that I understand the reduction for early filing. Really appreciate all the guidance!

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Smart decision to take your time and research all your options! One more thing to consider - you might want to ask SSA about "deemed filing" rules when you meet with them. If you're eligible for both your own retirement benefit and divorced spouse benefits, there are some complex rules about how they handle the application that can affect your strategy. Also, keep in mind that even if your own benefit ends up being higher now, your ex's benefit might grow more over time if he continues working, so the comparison could change. Good luck with everything - you're asking all the right questions!

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Can I claim survivor benefits from ex-husband with false identity on Social Security records?

I just found out something disturbing and I'm completely lost on what to do with Social Security. My ex-husband passed away recently. We were married for 20 years before divorcing, and I never remarried. He had been living in Mexico after retirement and was collecting his US pension but never filed for Social Security benefits. Here's the shocking part: I discovered he had been using a different birth certificate/identity when he married me in 1982 than what he originally had in Mexico. His green card, Social Security number, and US citizenship documents all used this false identity with a different first name and birth date than what's on his original Mexican records. I currently receive my own Social Security benefits, but I think I might qualify for survivor benefits as his ex-spouse. I have no idea what documentation I should bring to the SSA office or how to even explain this situation. Would I even qualify given the identity discrepancy? To complicate things further, he remarried after our divorce and has two young children from that marriage. Would they be eligible for benefits too, even with this identity issue? I feel so embarrassed about this whole situation, but I need to figure out what to do. Any advice would be greatly appreciated.

Update us on what happens! I'm curious how SSA handles these identity discrepancy cases. Good luck!

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I will definitely update. Going to try calling again tomorrow and hopefully schedule an in-person appointment like several of you suggested.

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I'm really sorry you're going through this difficult situation. As someone who works in immigration law, I see identity discrepancy cases fairly regularly, and you're definitely not alone in this. A few additional points to consider: 1. **Timing**: There's generally no strict deadline for filing survivor benefits, but you can only receive retroactive payments for up to 6 months before your application date, so don't delay too long. 2. **Documentation strategy**: When you go in person, organize your documents chronologically - marriage certificate (1982), any documents showing his identity changes, divorce decree, death certificate. This helps the claims specialist follow the timeline. 3. **Earnings record**: The SSA will need to verify which Social Security number and identity was used for his work history. If he worked under the assumed identity for many years, that's likely the record they'll use for benefit calculations. 4. **Your protection**: Since you were legally married under the identity he used at that time, your marriage is valid regardless of his original name discrepancy. You had no way of knowing about the identity issue. Don't let anyone make you feel like you did something wrong. Focus on getting that in-person appointment - phone representatives often can't handle complex cases like this effectively. Bring a friend or family member for support if needed.

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How to set up tax withholding on Social Security benefits after receiving first payment?

Just received my first Social Security retirement payment yesterday and realized no federal taxes were withheld! I know my total income (pension + SS + part-time work) will definitely put me over the threshold for paying taxes on 85% of my benefits, so I need to set up withholding ASAP. I've been poking around my mySocialSecurity account for 30 minutes and can't find where to set this up. Is it hidden somewhere on the website or do I need to call? Don't want to get hit with a huge tax bill or underpayment penalty next April!

Anybody know if you can change the withholding percentage later if you need to? Like if I start with 10% but realize I need more taken out?

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Yes, you can change it anytime by submitting a new W-4V form with the updated percentage. Just check the "Change" box instead of "Start" on the form.

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For what it's worth, I'd recommend calculating roughly what you'll owe before picking your withholding percentage. You can use the IRS worksheet in Publication 915 to estimate how much of your SS benefits will be taxable based on your total income. That way you're not over-withholding and giving the government an interest-free loan all year. I made that mistake my first year - had them withhold 22% when I only needed about 8% based on my actual tax situation.

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If both spouses claim Social Security at 62, how does survivor benefit work when higher earner dies?

My husband and I are both planning to take Social Security early at 62 next year. We're doing this because we need the income now despite the reduction. I'm worried about what happens down the road though. If my husband passes away (he's the higher earner), would I get bumped up to his benefit amount? And if so, would I get whatever he was actually receiving at 62, or would it be based on his Full Retirement Age amount? Also, does it matter that I also took my benefits early? I've heard conflicting things from friends about survivor benefits and I'm confused about how this all works. Thanks for helping me understand this complicated stuff.

AstroAce

Author

Thank you all for the helpful information. I didn't realize how complicated this would be! So if I understand correctly: 1. If we both claim at 62 and my husband passes away before his FRA (which is 67), I'd get the larger of either 82.5% of his PIA or what he was actually receiving at 62 2. If he passes after his FRA, I'd just get what he was actually receiving 3. My own claiming decision creates separate reductions if I'm not at my FRA when applying for survivor benefits Based on this, should we reconsider our plan? Maybe he should wait longer even if I claim early? I really appreciate all the guidance.

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You've got it right, and yes - a common strategy is for the higher earner to delay claiming even if the lower earner claims early. Each year your husband delays claiming past 62 increases his retirement benefit by about 7-8% per year until 70. This not only increases his lifetime benefits but also potentially increases your survivor benefits if he predeceases you. You might consider claiming at 62 as planned if you need the income, but have him wait as long as financially possible. This creates a higher survivor benefit "insurance policy" for you later. Run the numbers for your specific situation, but this approach often maximizes lifetime household benefits for couples with significant differences in earnings history.

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This is such a helpful discussion! I'm in a similar situation but haven't made any decisions yet. One thing I'm wondering about - if AstroAce's husband delays claiming but she takes benefits at 62, what happens to her own retirement benefit when she eventually switches to survivor benefits? Does she lose her own benefit completely, or does SSA somehow combine them? Also, are there any tax implications to consider when switching from your own retirement benefit to survivor benefits? I know Social Security can be taxable depending on your total income, but I'm not sure if the type of benefit matters.

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Will pension and 401k/IRA withdrawals reduce my Social Security if I claim at 65 before FRA?

I'm trying to figure out if I can afford to retire at 65, which is 2 years before my Full Retirement Age of 67. I understand that working income can reduce my SS benefits if I claim early, but I'm confused about whether my pension and retirement account withdrawals would also cause reductions. From what I've read, only "earned income" counts toward the earnings test that can reduce benefits before FRA. But does that mean: 1. I can take my full pension without it affecting my SS benefits? 2. Can I withdraw from my 401k and IRA accounts freely without it reducing my SS check? 3. So basically, for those 2 years between 65-67, I just need to limit actual work income to avoid reductions? I've got about $475,000 in my retirement accounts and a monthly pension of $2,100 that I'm eligible for. Just trying to plan this correctly so I don't get surprised by benefit cuts I wasn't expecting. Thanks for any help!

I just remembered something else! Make sure u check if your state taxes Social Security! Some states do and some don't. That made a BIG difference in my retirement budget!!

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Great question and I'm glad you're planning ahead! As others have confirmed, your pension and 401k/IRA withdrawals won't count toward the earnings test during those two years before your FRA. One additional thing to consider: if you do decide to claim at 65, make sure you understand how the monthly earnings test works. The annual limit everyone mentions gets divided by 12, so if you have any part-time work, you need to stay under about $1,833 per month (based on the ~$22,000 annual limit). They look at it month-by-month in your first year of claiming, not just the annual total. Also, don't forget that once you hit your FRA at 67, any benefits that were withheld due to the earnings test will be gradually added back to increase your monthly payment for life. So even if you did go over the limit occasionally, it's not permanently lost money. With your pension and retirement savings, you seem well-positioned for retirement at 65 if that's what you decide!

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