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Quick follow-up since there seems to be some confusion in the thread: survivor benefits reach their maximum at your FRA (66 and 6 months for someone born in 1959), unlike retirement benefits which max out at 70. The survivor benefit will be 100% of what your ex-husband was receiving or would have received at his FRA. And yes, you can absolutely switch between benefits - take survivors at your FRA, continue working (with no earnings limit penalty), then switch to your own retirement at 70 if it would be higher. This strategy could maximize your lifetime benefits.

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This is incredibly helpful, thank you! I think I understand the strategy now - wait until 66 and 6 months to claim survivor benefits (while possibly still working), then at 70 I could switch to my own benefit if it's higher at that point. I need to find out which would be greater in my case.

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does anyone know if the 10 year marriage rule is exactly 10 years or can it be like 9 years and 10 months? asking for my friend who's in a similar situation

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Amara Eze

It needs to be a full 10 years (to the day) to qualify for any ex-spouse benefits. Unfortunately, 9 years and 10 months wouldn't qualify. The marriage duration requirement is very strict with no exceptions.

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Since your Social Security earnings were from the 1970s/1980s, remember that getting those 5 additional credits now won't significantly increase your benefit amount. SS benefits are based on your highest 35 years of indexed earnings. Working just enough to get the 5 credits won't add much to your calculation unless you earn significantly more than in those early years. Still, qualifying for even a small benefit is generally worth it, especially considering Medicare eligibility. If you decide to pursue this, remember that in 2025 you can earn all 4 credits for the year by making $6,920 total ($1,730 per credit).

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This is correct. When I earned my final credits, I wasn't making much above minimum wage at my part-time job, but it was still significantly more than what I earned back in my early working years in the 1970s, so it actually did help my calculation a little bit. Every dollar counts when you're retired!

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My neighbor went through something like this. He worked just enough to get his 40 credits, then found out his monthly benefit was only going to be like $120 after WEP. He said even though it wasn't much, it was still free money he would have otherwise left on the table. Plus now his wife gets spousal benefits too I think. You already have 35 credits so might as well get the last 5!

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That's encouraging to hear. I'm starting to think it makes sense to just get those last 5 credits. Even a small monthly amount adds up over the years.

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The rules for spouse's benefits are unnecessarily complicated! Here's my understanding based on research and my own experience with my husband's SSDI: 1. The spousal benefit is calculated as the DIFFERENCE between your spouse's own benefit and up to 50% of yours (if filing at FRA) 2. If your wife's PIA (full retirement age amount) is $1,200 but she's getting $850 at 62, they'll compare her $1,200 to 50% of your $2,375 ($1,187.50) 3. Since these amounts are so close, she might not get ANY spousal supplement at all 4. BUT... everything gets reduced for early filing, and the reduction factors are different for retirement vs spousal Possible scenarios: a) If her reduced own benefit > reduced spousal: she just gets her own benefit b) If reduced spousal > reduced own benefit: she gets her own benefit PLUS the difference to reach the spousal amount This is definitely worth scheduling an appointment with SSA to get the exact calculation. They can tell you exactly what she'd receive in all scenarios.

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Thank you for breaking it down like this. I didn't realize they would compare her PIA (unreduced benefit) to 50% of mine first, then apply reductions. That makes the calculation even more complicated! Definitely going to need to speak with SSA directly.

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my buddy's wife faced this exact situation last year and she ended up just taking her own benefit at 62 and then switching to the spousal benefit at her full retirement age when it wouldn't be reduced anymore. can ur wife do that?

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Unfortunately, that strategy is no longer available for anyone born after January 1, 1954. The deemed filing rules were changed by the Bipartisan Budget Act of 2015. Now when someone files for either their own retirement or for spousal benefits, they are deemed to be filing for both simultaneously, and will receive the higher of the two amounts (with appropriate reductions for early filing). The only exceptions to this rule are for surviving spouses (widow/widower benefits) who can still choose when to take each benefit.

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Wow, thank you all for the helpful responses! I feel like I understand the basics now - we'll get separate checks based on our own work records. The points about the earnings test and tax implications were things I hadn't even considered. I think our next step will be to sit down with our tax advisor to figure out the tax angle, and maybe use that Claimyr service to connect with SSA directly about how the earnings test might affect my wife if she claims while still working. It's a relief to know there's no benefit reduction just because we're married. Really appreciate everyone taking the time to explain!

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That's a good plan. One more thing you might want to ask the SSA about is how survivor benefits would work. If either of you passes away, the surviving spouse can switch to the higher of the two benefit amounts. This is why sometimes it makes sense for the higher earner to delay claiming as long as possible - it could mean a higher survivor benefit later on.

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dont forget social security gets a cola raise most years my parents got like 3.2% more this year i think better than nothing lol

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@user8 It's called the Windfall Elimination Provision (WEP), along with the Government Pension Offset (GPO). These are the provisions being phased out over the next decade. But they're being reduced gradually, not eliminated immediately. 10% reduction in 2025, 20% in 2026, and so on until fully eliminated in 2035. @yourusername If you can't find the marriage certificate, you should request a certified copy from the county clerk's office where they were married. SSA typically requires official documentation and may not have marriage records in their system. They need to verify both the marriage and that it remained valid until your father's passing.

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Thank you! I'll reach out to the county clerk's office this week. Mom's memory isn't great since Dad passed, but I think they got married in Sullivan County. I really appreciate all the helpful advice everyone has shared.

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i don't understand why this is so complicated lol. just call social security and tell them ur dad died and see what they say. my grandpa died and my grandma got his social security check the next month, it was automatic

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It's complicated because both parents worked in jobs with government pensions (teaching) that didn't pay into Social Security, but also had jobs that did pay into Social Security. The WEP/GPO provisions (which are being phased out) created special rules for these situations. Your grandparents' situation was likely more straightforward if they both worked in jobs that consistently paid into Social Security their entire careers.

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