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I've been trying to figure out the ex-spouse benefit situation and getting conflicting information. My situation: I was married for 27 years before getting divorced about 3 years ago. I haven't remarried. My ex-husband is 66 now but hasn't started collecting his Social Security benefits yet. I'm planning to wait until my full retirement age (67) to start collecting my own benefits, but I'm wondering if I'm entitled to any portion of his Social Security when either he starts collecting OR when I reach my FRA? His earnings were substantially higher than mine throughout our marriage. Does he need to file for his benefits before I can claim on his record? And does he get notified if I apply for ex-spouse benefits? Any insights would be really appreciated!
I retired in June and applied for Social Security in July at age 63 (before my FRA). When I spoke with the SSA rep about the earnings test, they specifically told me that my PTO payout wouldn't count toward my monthly earnings limit for July. Based on that advice, I started my benefits immediately instead of waiting. Now I just got off the phone with a different SSA rep who says my PTO payout DOES count toward my monthly earnings limit because I earned it January-May 2025 while still working. This would put me over the limit for July ($2,340/month) and might affect my benefits. I'm so frustrated because I made my decision based on the first rep's guidance! Has anyone dealt with this PTO/vacation pay situation with the earnings test? Do unused vacation hours that are paid out upon retirement actually count for the monthly earnings test? The SSA website isn't clear about this at all.
This exactly why im waiting until my FRA to file! Too many gotchas with the earnings test. My neighbor had to pay back almost $7000 because her employer paid out a bonus in January that was earned the previous year. The whole system seems designed to trip people up.
I'm in a similar situation and just wanted to share what I learned from my experience. I retired mid-year at 62 and got burned by the earnings test too. The key thing I wish I'd understood is that SSA has two different tests in your retirement year - you can use whichever is more favorable. One thing that might help: if you haven't already, request a detailed breakdown from SSA showing exactly how they're calculating your earnings test. Sometimes they make errors in how they allocate earnings to specific months, especially with lump sum payments like PTO. Also, don't feel bad about the conflicting information from SSA reps. I called 4 times about my situation and got 3 different answers. It's unfortunately very common. The system is incredibly complex and even their own staff struggle with the nuances. Have you considered consulting with a Social Security attorney? Many offer free consultations and might be able to help you navigate the appeals process if SSA made an error based on their initial guidance to you.
Can someone help me understand the exact percent that survivor benefits increase per year if I wait to claim them? My husband passed away 3 months ago, and I'm trying to figure out if I should take survivor benefits now (I'm 60) or wait. I've heard different things from friends - one said 8% per year, another said it was less for survivor benefits than retirement. I'm still working part-time at the hospital but could really use the extra income. Just want to make the smartest financial decision here. Thanks for any clarity!
I'm so sorry for your loss, Alexander. This is such a difficult time to have to navigate these complex decisions. I went through something similar when my spouse passed away two years ago. One thing that really helped me was using the SSA's online benefit calculators at ssa.gov/benefits/calculators/ - they have a survivor benefits estimator that can give you rough projections based on your husband's earnings record. Also, since you mentioned you're still working part-time, make sure to factor in that if you earn more than the annual earnings limit ($22,320 for 2025), they'll temporarily withhold $1 of benefits for every $2 over that limit until you reach full retirement age. But like others mentioned, this gets paid back to you later through benefit recalculation. The flexibility to switch between survivor and retirement benefits is really valuable - not everyone knows about this option. Take your time with the decision and don't let anyone pressure you either way. Wishing you all the best during this difficult time.
I'm so sorry for your loss, Alexander. This is an incredibly difficult situation to navigate during such a challenging time. I wanted to add one important consideration that might affect your decision: if you're considering the strategy of taking survivor benefits now and switching to your own retirement benefit later, make sure to get a Social Security Statement (available at ssa.gov/myaccount) to see your projected retirement benefits at different ages. Since you're still working part-time at the hospital, those earnings are continuing to build your own Social Security record, which could potentially increase your future retirement benefit. The extra years of earnings might make the "claim survivor benefits now, switch to retirement at 70" strategy even more beneficial in your case. Also, don't forget that as a surviving spouse, you may be eligible for Medicare at 65 even if you're not yet claiming Social Security benefits, which could be important for your healthcare planning. The community here has given you excellent advice about the benefit calculations and strategies. Take your time with the decision, gather all the numbers, and remember that there's no universally "right" choice - only what works best for your specific financial situation and needs.
Thank you Omar, that's such a great point about getting my Social Security Statement! I hadn't thought about how my continued part-time work might be improving my own retirement benefit record. Since I've been working at the hospital for the past few years, those earnings could definitely make a difference in the calculation. And the Medicare information is really helpful too - I was wondering about healthcare coverage as I get closer to 65. It sounds like there are actually quite a few moving pieces to consider beyond just the basic survivor benefit decision. I'm feeling much more prepared now to have that conversation with SSA armed with all this knowledge from everyone here. This community has been incredible during such a difficult time.
I'm confused about how Social Security survivor benefits work when spouses live apart long-term. My wife and I separated in 2015 (just living in different houses, not legally separated) and neither of us plans to divorce or remarry. We're both in our early 50s now (53 and 54), so retirement is still a ways off, but I'm trying to understand what happens down the road. If one of us passes away, would the surviving spouse still be eligible for the other's Social Security survivor benefits despite living apart for so many years? Does the "living separately but still married" situation disqualify either of us from receiving the other's benefits? We've been legally married since 2002, so that's over 20 years of marriage. Appreciate any insight on this. Just want to make sure we're both protected for the future without having to change our current living arrangement.
Since you mentioned the earnings difference, here's something to consider: When you're both alive, the optimal claiming strategy can be complex. But for survivor benefits, the key thing to understand is that when one spouse dies, the survivor gets to keep the HIGHER of the two benefit amounts, not both. So if your wife has the higher benefit, you might want her to delay claiming as long as possible (up to age 70) to maximize the survivor benefit you'd receive if she passes first. Her benefit grows 8% per year from FRA to age 70, and that growth would pass to you as the survivor. For your own benefit, the claiming strategy might be different depending on your health, other income sources, and when you plan to stop working.
And don't forget that survivor benefits can be claimed as early as age 60, but with a reduction. If you're both close in age and the higher-earning spouse dies first, sometimes it makes sense for the survivor to take the reduced survivor benefit early, then switch to their own benefit at 70 if it would be higher by then. The rules get complicated!
I'm new to this community but dealing with a similar situation. My husband and I have been living separately for about 8 years now (different states actually - he's in Arizona, I'm in Oregon) but we're still legally married. Reading through all these responses is really helpful! One thing I wanted to add based on my research: if you're thinking about filing for your own Social Security benefits while still married, you might also be eligible for spousal benefits if your spouse is already receiving their retirement benefits. Sometimes the spousal benefit (50% of your spouse's benefit at full retirement age) can be higher than your own benefit, even if you're living apart. Just another angle to consider when you're doing your benefit planning. The living situation really doesn't seem to matter to SSA as long as the marriage is still legal.
I just got off the phone with an SSA Field Benefits Unit agent about applying for spousal benefits for my wife and I'm completely confused about what they told me. We've been living in Germany for 13 years (me as a US citizen expat, her as a German citizen with no US green card or citizenship). The agent said she qualifies for spousal benefits of about $1875 monthly, but mentioned two things that sound bizarre to me: 1. They would automatically withhold 30% for taxes, even though her monthly payment wouldn't reach the US taxable threshold 2. She would need to physically be in the US for at least 2 months per year (staying a month each visit) I've searched everywhere online and can't find anything about non-US citizen spouses needing to spend time in the US to receive benefits. And why would they withhold taxes if she's below the threshold? I'm wondering if I misunderstood or if the agent was misinformed. Has anyone dealt with international spousal benefits who can share their experience?
To give you some additional information: for your wife to receive spousal benefits as a non-US citizen living abroad, she must meet one of these requirements: 1. Have been married to you for at least 5 years, OR 2. Be entitled to some type of German social security benefit, OR 3. Have lived in the US for at least 5 years during which the marital relationship existed Based on your 13 years overseas, I'm assuming you meet the first condition. When you apply, make sure to have your marriage certificate and her German identification documents ready. The application will need to be processed through the Federal Benefits Unit responsible for Germany, which operates out of the US Consulate in Frankfurt. The tax treaty is handled separately from eligibility, so don't let an uninformed agent confuse these issues.
This is exactly why I joined this community - dealing with SSA misinformation is so frustrating! I'm in a similar situation with my British spouse and we're considering moving to the UK. Reading through all these responses has been incredibly eye-opening. It's clear that the regular SSA phone agents often don't understand international cases at all. @Victoria Brown - your expertise as a former SSA claims specialist is invaluable here. Thank you for providing such detailed, accurate information. It's shocking how much bad advice gets given out by people who should know better. For anyone else dealing with international spousal benefits, it seems like the key takeaways are: 1. There are NO residency requirements for non-citizen spouses to visit the US 2. Tax treaties can eliminate or reduce the 30% withholding 3. Always ask to speak with the Office of International Operations or Foreign Benefits Unit 4. Don't trust the first agent you speak with if something sounds wrong Has anyone else had success with getting accurate information on their first call, or is it always a battle to reach someone knowledgeable?
Nia Wilson
Just to summarize the key points for your situation: 1. You qualify for ex-spouse benefits because you were married over 10 years and divorced for at least 2 years 2. Your ex does NOT need to be collecting for you to claim on his record 3. Your ex will NOT be notified when you file 4. At your FRA, you'll get either your own benefit or up to 50% of his FRA amount, whichever is HIGHER (not both) 5. Waiting beyond FRA won't increase ex-spouse benefits 6. Bring complete documentation including marriage certificate, divorce decree, birth certificate, and photo ID when you apply Hope this helps clarify everything!
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NebulaNinja
AuthorThank you so much for this clear summary! This is exactly what I needed to know. I'll save this for reference when I approach my FRA.
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Yuki Ito
One thing I'd add that hasn't been mentioned yet - if you're planning to work past your FRA while collecting ex-spouse benefits, be aware of the earnings test. While there's no earnings limit once you reach FRA for your own retirement benefits, if you're collecting divorced spouse benefits and still working, the earnings test may still apply in some situations. Also, keep in mind that if you remarry, you'll lose eligibility for ex-spouse benefits (unless that subsequent marriage also ends). But you can remarry after age 60 and still be eligible for divorced spouse benefits. The SSA website has a great benefit calculator tool where you can get estimates of both your own retirement benefit and potential ex-spouse benefits to help you plan - definitely worth checking out before your appointment!
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