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Let me clarify a few important points about divorced spouse benefits that might help with your decision: 1. For ex-spouse benefits, you need to remain unmarried, but the ex-spouse's current marital status doesn't matter. They could be remarried multiple times and it doesn't affect your eligibility. 2. For survivor benefits if your ex passes away, the rules are different - you can remarry after age 60 and still collect. 3. There's no "waiting period" for eligibility after a divorce, but as someone mentioned, SSA may scrutinize divorces that happen suspiciously close to benefit applications. 4. Importantly, if you're born after 1954, you cannot file for divorced spouse benefits separately from your own. Due to the deemed filing rules, you'll automatically receive whichever is higher when you file - your own benefit or the divorced spouse benefit. 5. Since you mentioned the difference is about $850/month, have you verified this takes into account any potential reduction for claiming early, if that's your plan? If you decide marriage now is important for other reasons (health insurance, home purchase), just be aware of the clean break needed before applying for benefits in the future.
Thank you for this comprehensive explanation! I was born in 1962, so I'm subject to the deemed filing rules you mentioned. I've calculated the $850 difference based on both of us claiming at full retirement age. You've given me a lot to think about regarding the timing and whether the temporary benefits of marriage now outweigh the potential loss of higher benefits later if we couldn't go through with a divorce. This is definitely a conversation I need to have with my partner.
SOCIAL SECURITY IS SO UNFAIR!!!! Why should anyone have to make these ridiculous choices between health insurance now and benefits later?? My friend had to stay in an unhappy marriage for YEARS just to reach the 10-year mark for Social Security. The whole system is designed to trap people in relationships or force them to make these weird divorce calculations. Europe doesn't make people jump through these kinds of hoops!! I'm sorry I don't have advice but I'm just so ANGRY about how complicated they make everything!!
i totally agree!! my mom lost out on like $1200 a month because she remarried at 58 not knowing about the over-60 rule for widows. nobody tells you this stuff until its too late! and trying to get answers from ssa is like pulling teeth, the website is so confusing and the phone lines are a joke
I really appreciate everyone's help! It sounds like since my husband's SSDI is already higher than what he'd get as a spousal benefit (half of my amount), there's no additional money available to him right now. I'm glad I asked because now I understand how the system works. And I learned about survivor benefits too, which is important for our future planning.
does anyone know if this works the same if ur collecting a government pension? my wife gets teachers pension and i heard theres some offset or something
You're thinking of the Government Pension Offset (GPO) and Windfall Elimination Provision (WEP). These are completely different rules that can reduce Social Security benefits for people who receive government pensions from jobs where they didn't pay into Social Security. This would be a good topic for your own separate post since it's a complex issue not related to the original question about SSDI and spousal benefits.
@original poster - Did you get a letter from SSA explaining the adjustment at any point? I never did, and that's what made me so mad! They should at least TELL US when they're making these adjustments!
No, I never received any explanation letter! That's exactly why I was so confused when I got the 1099. I would have understood if they'd just sent a notice explaining what they were doing and why. Communication would make this whole process so much easier.
For future reference, you can request a detailed explanation of benefit calculations by visiting your local SSA office in person or by calling to request a BOAN (Benefit Overpayment Action Notice) explanation if you suspect there was an overpayment adjustment. They should be able to provide a month-by-month breakdown of the calculations. As others have said, this is standard procedure when transitioning between benefit types, especially with spousal to survivor transitions. The system has to reconcile the different benefit calculations and payment schedules.
Thank you for letting me know about requesting a BOAN. I think I'll do that just for my own understanding and peace of mind. I like to have documentation explaining these things, especially when it affects my taxes.
WAIT A MINUTE - are you getting YOUR OWN Social Security now? Because if you're not, you should consider filing for JUST Medicare at 65 but WAITING to file for Social Security!!! Every month you wait past FRA adds to your benefit amount! Don't leave that money on the table!!!
Since we've confirmed you don't qualify for ex-spouse survivor benefits due to the 7-year marriage duration, let me offer some constructive advice for maximizing your own Social Security: 1. If you can wait until 70 to claim, your benefit will be 132% of your FRA amount 2. Make sure SSA has all your correct earnings history - check your earnings record online through your my Social Security account 3. If you're still working, even part-time, higher earnings now could potentially increase your benefit calculation 4. Consider whether filing a restricted application might benefit you if you were born before January 2, 1954 These strategies can help compensate for not qualifying for ex-spouse benefits. The 10-year marriage rule is indeed strictly enforced for divorced spouse benefits with essentially no exceptions for marriages that ended in divorce.
Sofia Rodriguez
Thank you all for the helpful information! I've made an appointment with SSA for next week to discuss my options. I'm going to apply now even if I don't receive payments right away due to my earnings. And I'll definitely get information about what my own benefit would be at 70 so I can compare it to the survivor benefit at my FRA. It's complicated, but I feel much better equipped to make decisions now. I really appreciate everyone taking the time to share your knowledge and experiences.
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Miguel Herrera
Good luck with your appointment! One last tip - bring a notepad and write down the name of who you speak with and take detailed notes. If you get conflicting information later (which happens more than it should), having documentation of your earlier conversations can be invaluable.
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