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Should I stay separated or divorce at 61? Social Security survivor vs. spousal benefits question
I turned 61 last month and I've been separated (not legally divorced) from my husband for about 3 years now. We still jointly own a small consulting business that's been our main income source for the past decade. Our paychecks go into a shared account that I manage to pay bills, but we live separately and barely speak except about business. His earnings record is WAY higher than mine - he'll probably get around $3,400/month at FRA while I'm looking at maybe $1,800. I'm trying to decide if there's any Social Security ADVANTAGE to staying in this weird limbo vs. getting legally divorced. If we stay separated but legally married and he dies before me, would I get his full survivor benefit? But if we divorce, would I only get the divorced spouse 50% amount? I'm not sure which scenario benefits me more financially in the long run. We're both planning to wait until our Full Retirement Age to file. Has anyone navigated this odd situation before? The financial implications are the ONLY thing keeping me from filing divorce papers.
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GPO repeal and survivor benefits - how is RIB-LIM calculated for late spouse who claimed at 62?
I need help understanding my survivor benefits calculation now that GPO is gone! My husband filed for his Social Security at 62 (back in 2013) and passed away in 2022 at age 71. When I initially applied for survivor benefits after his death, I was denied because of Government Pension Offset (GPO) from my teacher's pension. Now that GPO has been repealed, I'm reapplying at age 76. From what I've read online, I'm supposed to get what he was receiving when he died PLUS something called RIB-LIM, but not exceeding 82.5% of his full retirement age benefit plus COLAs since then. I'm completely confused by this RIB-LIM calculation! Does anyone know if this is correct or how to figure out what I'll receive? His FRA benefit would have been around $2,430 if he had waited. When he died, he was getting about $1,950 monthly after all the COLAs since his early filing.
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To follow up on your retroactivity question - the GPO repeal was effective December 2023, so if you apply now, you can request retroactive benefits back to December 2023, but SSA generally limits retroactivity to 6 months for survivor benefits. So realistically, you'd likely only get retroactive payments for about 6 months, not all the way back to December 2023 unless you applied very soon. Also, when you go to your appointment, make sure you bring: 1. Your husband's death certificate 2. Your marriage certificate 3. Both your Social Security cards 4. The previous denial letter that mentions GPO 5. Documentation of your pension This will help ensure your claim is processed correctly. And as others have mentioned, be prepared to be persistent. The GPO repeal is still relatively new, and not all SSA representatives are fully trained on handling these cases.
Thank you for this detailed list! I do have all those documents ready. I'm going to try to get an appointment ASAP to maximize any retroactive benefits. It's frustrating that they limit it to 6 months when the repeal has been in effect longer than that, but at least it's something.
Yes, I did finally get my benefits sorted out but it took using Claimyr to finally reach someone who knew what they were doing. Got a specialist who handles WEP/GPO cases and she fixed everything. Worth every penny to avoid the hours of frustration! And FYI for your calculation - the 2022 COLA was 5.9%, 2023 was 8.7% and 2024 was 3.2%. So if your starting benefit is $2,005 (the 82.5% amount), after all those COLAs it would be around $2,322 now. Much better than what your husband was getting when he passed!
I had same experience! Regular agents dont know how to handle GPO repeal cases but the specialists do. Make sure u ask for a "Technical Expert" when u call - they know more than regular claims reps
Can my child or I claim the $255 Social Security death benefit without my ex-husband's death certificate?
My ex-husband passed away in December 2023, and I just found out about the $255 lump-sum death payment from Social Security. I'm wondering if either me or one of our children would be eligible to receive this payment? We were married for 12 years but divorced 6 years ago. I have custody of our two children (16 and 14). Also, I don't have access to his death certificate - would SSA require us to provide it to claim this benefit? Has anyone gone through this process recently? The SSA website is confusing me.
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I'm sorry about your ex-husband's passing. When my brother died, we learned that Social Security won't automatically pay these benefits - you MUST apply. And the 2-year deadline is strict. I'd recommend calling your local SSA office directly rather than the national number - sometimes it's easier to get through. Also, bring your children's birth certificates and Social Security cards when you go in, along with your ID and his death certificate.
Thank you for the condolences and advice. I'll try calling our local office tomorrow. Would you recommend making an appointment or just walking in? I'll gather all those documents right away.
Definitely make an appointment if possible - the walk-in wait times can be terrible. Some offices are still requiring appointments anyway. Check the SSA website for your local office's phone number. And remember to ask about survivor benefits for your children when you go in - that's the really important part that could help financially for years to come.
Can I claim ex-spouse survivor benefits if we were married 14 years but divorced in '95? Cancer survivor confused about Social Security rules
I've been going through a really tough time with cancer treatment (chemo and radiation) for several months, and my brain feels like mush half the time. I'm trying to understand something about Social Security survivor benefits that's confusing me. My situation: I'm currently receiving Social Security retirement benefits (started at my full retirement age). My ex-husband and I were married for 14 years before divorcing back in 1995. Neither of us ever remarried. He's 9 years older than me. What I'm confused about: If he passes away before me (though with my health issues, who knows), would I be eligible for any survivor benefits based on his Social Security record? I've been trying to read the SSA website, but I keep getting confused about whether there's some rule that his benefit would need to be twice what I'm receiving now? Or am I misunderstanding something? I know this might be a basic question, but my cognitive function isn't great right now. Any clear explanation would be so appreciated.
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Since you mentioned cancer recovery - don't forget that the SSA has compassionate allowances and expedited processing for serious medical conditions. If your condition worsens or you need to apply for disability, make sure to mention your cancer diagnosis as it might qualify you for faster processing. Sending healing thoughts your way.
Thank you for this information and the kind thoughts. I'm actually doing better now (fingers crossed), but it's good to know about the compassionate allowances in case things change. The after-effects of treatment are what's really messing with my cognitive abilities right now.
its so confusing my sister got more from her ex husband than her second husband when he died but they told me different rules when i called????????
The rules can seem inconsistent because they're applied differently based on individual circumstances. Your sister's benefit amount would depend on her age, whether she was receiving her own benefits, how much each husband earned, etc. That's why it's always best to speak directly with SSA about your specific situation rather than comparing to someone else's experience.
Social Security calculators that handle variable future income years before FRA?
I'm trying to plan my retirement and need a better calculator than what's on the SSA website. Their calculator only lets me put in one average future salary amount, but my situation is more complicated. I want to model working full-time for 2 more years (about $87,000/year), then cutting back to part-time ($42,000/year) for 3 years, then completely stopping work 2 years before my Full Retirement Age. Are there any better tools that let me enter different earnings for specific future years? I've looked at some financial planning apps but they seem focused on investments rather than projecting the actual SS benefit with variable income years. Any suggestions?
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Wait I'm confused...I thought SSI and Social Security were the same thing? Which calculator should I use if I'm on disability but turning 65 next year?
SSI (Supplemental Security Income) and Social Security retirement are different programs: - SSI is needs-based for people with limited income/resources who are disabled, blind, or 65+ - Social Security retirement is based on your work history and payroll tax contributions If you're receiving Social Security Disability Insurance (SSDI), it automatically converts to retirement benefits when you reach Full Retirement Age (66-67 depending on birth year). The amount stays the same. If you're on SSI (which maxes at about $943/month in 2025), you should contact SSA directly as your situation requires personalized guidance.
Thanks everyone for the great suggestions! I downloaded ANYPIA but it's pretty complicated. I'm going to try MaximizeMySocialSecurity.com since it seems more user-friendly and the price is reasonable. I'm also realizing that because I only have 31 years of earnings, even my reduced-income years will help fill in those missing years in my top 35. That's something I didn't fully understand before.
You've got it! Even those lower-earning years will help if they're replacing zeros in your calculation. Good luck with your planning!
Isabella Ferreira
my aunt got divorced after 11 years and she gets benefits from my uncles record even tho they HATE each other lol. social security doesnt care about your feelings just the years!! but she had to wait until he retired before she could claim anything
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Malik Johnson
That's only partially correct. If you've been divorced for at least 2 years, you can claim benefits on your ex's record even if they haven't applied for benefits yet, as long as you're both eligible for benefits (generally age 62+). The requirement that your ex needs to have filed only applies if the divorce was less than 2 years ago.
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Emma Davis
One additional consideration about your business situation: If you're both taking salaries from the business, ensure you're maximizing your own Social Security contributions. Many business owners make the mistake of minimizing payroll taxes, but this can significantly reduce your future Social Security benefits. Since you mention your benefit is much lower than his, you might want to restructure your compensation to increase your reported earnings (up to the SS wage base of $168,600 for 2025) for your remaining working years. This could potentially increase your own retirement benefit, which might be valuable regardless of what happens with your marital status.
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Javier Torres
AuthorThat's brilliant advice I hadn't considered! We've been doing exactly what you described - minimizing payroll and taking more as distributions to reduce taxes. But you're right that this hurts my SS record. I'll talk to our accountant about restructuring my compensation to maximize SS contributions for these last few years before retirement. Thank you!
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