also don't forget about survivor benefits! if your husband passes away first (since he's older) you get to take the larger of your benefit or his full benefit. so another reason for you to maximize yours if possible.

One more thing to consider: If you wait until your FRA to claim, but your husband is already collecting his retirement benefit, you can choose to take ONLY the spousal benefit (50% of his PIA) at your FRA and let your own retirement benefit continue to grow until age 70. This could be beneficial if your own benefit plus delayed retirement credits would eventually exceed the spousal amount. However, this strategy only works if you wait until your FRA to claim anything. If you claim even one month early, you're deemed to be filing for all benefits you're eligible for at that time.

Yes, a copy of your marriage certificate would be helpful documentation. If you don't have it, you can usually request one from the vital records office in the county/state where you were married. Any paperwork from your previous divorce attempts might also be useful to document that you made good faith efforts to resolve the situation. When you apply, be prepared to answer questions about why you didn't complete the divorce - just be honest about the circumstances.

i had my friend who works at ssa look up ur question and she said as long as u dont try to claim on his record ur totally fine. just be honest on the forms and ull get ur money no prob

Regarding your question about the specific form - there isn't a separate form just for divorced survivor benefits. She would apply for survivor benefits using the same process as anyone else, but indicate she's a divorced spouse. She can apply either online at ssa.gov or by calling 1-800-772-1213 to schedule an appointment. However, for divorced survivor cases, I generally recommend applying in person or at least by phone rather than online, as these cases sometimes require additional attention to process correctly.

One more important point: when her ex-husband passes away, she should notify SSA as soon as possible. Survivor benefits are not automatically awarded - she must apply. Also, unlike retirement benefits, survivor benefits can be applied for in the month of death. So if her ex passes on June 15th, for example, she could potentially be eligible for a survivor benefit payment for the month of June (paid in July). Social Security only pays survivor benefits 6 months retroactively, so timely filing is important. If she waits too long, she could lose out on some payments.

My situation was kind of similar but without the railroad part. I filed early at 62 with a 9 year old and my wife waited until her FRA. One thing nobody mentioned is that the family maximum is pretty low when YOU file early. It limited what my kid got. Also the whole 50% thing gets confusing because it's 50% of something but the family maximum can reduce it. The SSA explanation of family maximum calculations makes my head hurt LOL!!!

Based on all the discussion here, I'd recommend these steps: 1. Given the recent WEP repeal, wait a few months for updated guidance from both SSA and RRB before making any decisions about your husband filing. 2. Request a benefit verification letter from SSA that shows your PIA (Primary Insurance Amount), your current benefit amount, your son's benefit amount, and the family maximum on your record. 3. Have your husband request his Social Security Statement to see what his PIA would be. 4. With those numbers in hand, you can calculate whether it makes sense for your husband to file early just for your son's benefit. 5. Consider that your son's benefit eligibility will end when he turns 18 (or 19 if still in high school), so filing early only provides benefits for a limited time. 6. Remember that if your husband files early but continues working, his eventual benefit at FRA will be recalculated to account for months when benefits were withheld due to the Retirement Earnings Test. This approach gives you concrete numbers to work with while allowing time for the policy implications of the WEP repeal to become clearer.

The SSA website is TERRIBLE!! I've been locked out 3 times this year alone. They make it so hard for seniors to access our OWN information! And then they wonder why their phone lines are jammed!!! Maybe if their website actually WORKED people wouldn't need to call so much!!! My daughter had to help me set up a new account and I STILL can't access my statements half the time.

One additional point regarding your question about claiming at 65 - remember that your Medicare enrollment starts at 65 regardless of your Social Security Full Retirement Age. So even if you delay Social Security benefits, you should still sign up for Medicare during your Initial Enrollment Period (which begins 3 months before your 65th birthday). Missing this window can result in permanent premium penalties. This is a common source of confusion since the Full Retirement Age for Social Security and Medicare eligibility age are different.