Social Security Administration

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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.

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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.

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Amara Adebayo

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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!!

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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

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I understand your frustration! It does feel like navigating a minefield sometimes. I wish there was a simpler way to ensure retirement security without these complications. The rules seem to have been created in a different era when marriage and work patterns were very different.

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@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!

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Chloe Zhang

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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.

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Eva St. Cyr

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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.

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Chloe Zhang

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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.

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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.

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Dmitry Volkov

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Exactly right! And don't feel bad - Social Security has so many complicated rules. I've been married twice and the spousal benefit calculations get even MORE confusing with multiple marriages. Just be thankful you have a straightforward situation! 😊

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Sofia Ramirez

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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

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Dylan Cooper

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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.

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Based on your follow-up comments, here's what I suggest for your specific situation: 1. Complete your divorce first 2. Request your own Social Security Statement through your my Social Security account online 3. Contact SSA specifically requesting: - Verification of your deceased former husband's PIA (Primary Insurance Amount) - Calculation of your widow benefit at age 60 (71.5% of his PIA) - Calculation of your own retirement benefit at FRA With these three figures, you can work with a financial advisor to determine whether keeping your house is financially viable. The most accurate calculation will include both your reduced widow benefit at 60 and how it compares to your own benefit at your FRA. This information is essential for making informed long-term financial decisions.

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Keisha Brown

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Thank you so much! I'll follow this exact plan. I do have my my Social Security account set up already, so I'll start there once the divorce is finalized. Would a financial advisor at my bank be knowledgeable about Social Security, or should I look for a specialist?

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Oliver Weber

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DON'T go to a bank financial advisor!!! They don't know SS rules AT ALL and just want to sell you products!!! I learned this the hard way when mine told me completely wrong information about survivor benefits and almost cost me THOUSANDS!!! Find someone who specializes in Social Security claiming strategies - there are actual consultants who ONLY do this!

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This is good advice. Look specifically for a financial advisor who has the RSSA (Registered Social Security Analyst) or NSSA (National Social Security Advisor) certification. These advisors have specialized training in Social Security claiming strategies and how they integrate with overall retirement planning.

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Mei Zhang

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I had a question about your sister's situation - since she's 63, is she getting reduced benefits by claiming before her FRA? I'm trying to decide whether to take my spousal benefits at 62 or wait until my full retirement age at 67 to get the full 50%. Did your sister consider waiting?

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Yes, she is getting somewhat reduced benefits by claiming at 63 instead of waiting until her FRA (which would be 66 and 8 months for her). She calculated that she'd need to live past 78 for waiting to be worth it financially. Plus, her financial situation didn't really give her the option to wait - she needed the income now. It's really an individual decision based on health, finances, and other factors.

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NeonNomad

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This is an important calculation everyone should do. Taking benefits at 62 gives you about 32.5% of your ex's PIA instead of 50% at FRA. However, you're collecting for 60 extra months. The breakeven age varies based on benefit amounts and life expectancy. For many people with immediate financial needs, taking reduced benefits makes sense despite the permanent reduction.

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Amara Eze

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Thank you for sharing this success story! I've been so discouraged lately with my own SSA issues. This gives me hope. Did you need to involve a lawyer at any point in the process? I'm wondering if I should hire one for my case.

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We actually consulted with a lawyer who specializes in Social Security cases after the second denial. They gave us some helpful guidance on what specific documentation to emphasize, but we didn't formally hire them to represent us. If we'd gotten to the hearing stage, we probably would have hired them. For complex cases or disability claims, a lawyer can be really valuable, but for straightforward benefits like divorced spouse benefits, persistence and good documentation can often be enough.

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