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.

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

another thing - inflation. that $130 diffrence will be worth less in 10 yrs anyway

Thank you all for the thoughtful responses! I've decided to go ahead and apply for benefits now instead of waiting. The break-even analysis and the point about enjoying the money while I'm still active enough to use it for travel and hobbies really resonated with me. I've started the application online yesterday and hopefully it goes smoothly. I appreciate all the different perspectives!

Just want to say sending prayers to you and your wife. This stuff is so hard to deal with on top of everything else.

Has anyone mentioned the fact that you might have choices about WHEN to take survivor benefits? Like if you have your own work record, sometimes it's better to take your own retirement at 62 and then switch to survivor benefits at FRA, or vice versa. The rules changed in 2015 but some options still exist. My financial advisor helped me figure this out and it meant about $45,000 more over my lifetime!

Just wanted to add that you should definitely run multiple scenarios with SSA once the legislation is finalized. In my case, we discovered that my wife was actually better off with her WEP-reduced benefit than the spousal benefit after GPO. The math gets tricky and depends on your specific work history and pension amounts.

Excellent point. And remember that the repeal bills currently being considered have different implementation timelines - some propose immediate full repeal while others phase it out over 5-10 years. This could significantly affect your planning, especially if either of you is nearing 70 when delayed retirement credits max out.