Social Security Administration

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This is so confusing! I thought I understood how marriage duration works for Social Security but now I'm not sure. I was in a traditional opposite-sex marriage for 9 years and 10 months before divorce, and I was told I missed the 10-year cutoff for ex-spouse benefits by just 2 months. It seems unfair that some people get different rules than others, but I guess that's how the law works sometimes. In any case, OP, I hope you can get those benefits!

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The rules aren't different - all marriages follow the same 10-year duration requirement for ex-spouse benefits. The difference is only in how the start date is determined. For same-sex marriages, SSA had to clarify that they recognize these marriages from their original legal date, not from when federal recognition occurred. In your case, unfortunately, the marriage was indeed just shy of the 10-year mark.

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Thank you all so much for the helpful information! I feel much better prepared now. I'll definitely keep records of all the policy information mentioned here when I eventually apply. I'm still years away from being eligible age-wise, but it's a relief to know I'll qualify based on the marriage duration. Social Security rules are so complicated - I'm grateful for this community's knowledge!

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I just thought of something important! When you apply, make sure to bring your marriage certificate AND divorce decree to prove you were married at least 10 years. They're super strict about this. My friend almost got denied because she couldn't find her divorce papers right away.

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Also bring ur birth certificate. They made my wife go back home to get hers even tho she had her drivers license and passport! SS office is crazy about original documents.

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isnt it crazy how complicated they make this?? my mom was in a similar situation and ended up just taking whatever they offered because it was too confusing to figure out the best option. i hope u get this sorted out!

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That's correct about survivor benefits. While a spousal benefit is 50% of the worker's benefit amount, a survivor benefit is up to 100% of what the worker was receiving (depending on when you claim it). The GPO still reduces it by 2/3 of your government pension, but since the starting amount is higher, you're more likely to receive some benefit.For example, if your husband's benefit is $2,450/month, the potential survivor benefit would be $2,450 (not $1,225 like the spousal benefit). With your $2,890 pension, the GPO reduction would be about $1,927, leaving you with roughly $523/month in survivor benefits after your husband passes.I'd recommend getting this calculation verified by SSA when the time comes, as benefit amounts will have changed by then due to COLAs.

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Thank you for explaining that so clearly. I had no idea there might be some benefits available eventually. I appreciate everyone's help in figuring this out!

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One more thing to keep in mind - since your wife is at full retirement age (FRA), she's eligible for the full spousal benefit of 50% of your Primary Insurance Amount (before any GPO reduction). If she's eligible for both her own retirement benefit and a spousal benefit, SSA will pay her own benefit plus the difference to equal the higher amount. Also, since she's past FRA, there's no penalty for either of you working while collecting benefits. The earnings test doesn't apply after FRA. Bring to your appointment: 1. Photo ID for both of you 2. Social Security cards 3. Marriage certificate 4. Pension documentation with lump sum details 5. Recent tax returns 6. Bank account information for direct deposit Good luck with your appointment!

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Thank you for the detailed checklist! I hadn't thought about bringing our marriage certificate, so that's really helpful. And it's good to know that there's no penalty for working since we both still do some part-time consulting work.

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after all ur appointments done come back and tell us what happend! lots of us dealing with same stuff and its helpful to hear real examples

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I definitely will! Our appointment is next Wednesday, so I'll try to post an update later next week with what we learned.

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Just to clarify some misunderstandings I'm seeing in this thread: For survivor benefits, the rules are different than for regular retirement benefits. While it's true you can apply as early as 60, the benefit reduction formula is different. Also, if you remarry after age 60, you can still collect survivor benefits from your previous spouse. As for the original poster's situation, at age 70, you would receive 100% of your deceased husband's benefit amount IF it's higher than your current retirement benefit. You should request an appointment specifically for survivor benefits and ask them to do a complete benefits calculation to determine the best option for you. One more tip: if your husband had delayed retirement credits (meaning he worked past his full retirement age), those would be factored into your survivor benefit as well.

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Wait, is that true about remarrying after 60? I thought once you remarried you lost all benefits from a previous spouse! This whole system is so confusing - they should make this information clearer on their website instead of burying it in complicated language!

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Yes, that's correct about remarriage after 60 for survivor benefits! It's different from spousal benefits (where remarriage at any age ends eligibility). For survivors, if you remarry after 60, you can still claim on your deceased spouse's record. Confusing, I know!

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Thank you everyone for all this helpful information. I've written down all these points to discuss when I call SSA. I'm going to try calling first thing tomorrow morning.

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