Should I stay separated or divorce at 61? Social Security survivor vs. spousal benefits question

From a Social Security perspective, staying married definitely gives you better options than divorcing. As a current spouse, if your husband passes away, you'd be eligible for 100% of his benefit amount as a survivor benefit. If you divorce, you'd only be eligible for 50% of his benefit as a divorced spouse benefit while he's alive. You'd still qualify for survivor benefits after divorce, but only if your marriage lasted at least 10 years. A few things to consider: - If your marriage lasted at least 10 years, you can claim divorced spouse benefits even after divorce - As a surviving spouse (whether divorced or not), you could get 100% of his benefit amount if your marriage was 10+ years - If you remarry after age 60, you can still claim survivor benefits on your ex-spouse's record Have you consulted a financial advisor who specializes in Social Security planning? This is a significant financial decision.

Im in a similar boat exept we've been divorced 5 years now. My ex makes triple what I do, and I found out I can claim on his record when we both hit retirement age. Make SURE you were married 10 years though or you cant get anything after divorce!!!! My sister got screwed cause she was a few months shy of 10 years when her divorce finalized and now shes gonna get way less SS. Have you talked to a lawyer about the business aspect? Thats the complicated part - not the SS stuff.

There's an important distinction everyone is missing here. There are TWO different benefits at play: 1. Spousal benefits (50% of your spouse's FRA benefit) - available to current spouses OR divorced spouses if marriage lasted 10+ years 2. Survivor benefits (100% of your spouse's benefit) - available to widows/widowers AND divorced surviving spouses if the marriage lasted 10+ years Since you've been married 32 years, you qualify for either benefit regardless of whether you stay married or divorce. The ONLY reason to stay in an unhappy marriage for Social Security purposes would be if you were approaching but hadn't hit the 10-year mark. Also, be aware that with survivor benefits, if your husband took benefits early, your survivor amount would be reduced. If he waited until 70, your survivor benefit would include all his delayed retirement credits.

OH MY GOD the SSA makes this stuff SO COMPLICATED!!! i spent 3 weeks trying to talk to someone about my divroced spouse benifits and kept getting hung up on. every time i call social security i get disconnected after waiting for like 2 hours!!!! how is anyone supposed to get answers???

staying married is better trust me. i got divorced after 15 yrs and regret it for MANY reasons not just SS. but ss is complicated and you should get the facts for YOUR situation not just advice from ppl here

WAIT - what about the business situation? If youre both running it together but get divorced doesn't that complicate your taxes and payroll? My cousin went through something like this and it was a NIGHTMARE dividing the business assets! Might be worth staying separated just to avoid that headache?

Let me clarify a few important technical points about Social Security in your situation: 1. With a 32-year marriage, you've well exceeded the 10-year requirement for divorced spouse benefits 2. As a divorced spouse, you'll be entitled to exactly the same survivor benefit (100% of his benefit) as you would receive if still married 3. The only limitation is that if you remarry before age 60, you lose eligibility for divorced spouse benefits based on his record 4. There's a 2-year waiting period after divorce before you can claim spousal benefits (if he hasn't filed yet), but this doesn't apply to survivor benefits 5. Given the significant disparity in your benefit amounts, you should definitely consider a restricted application strategy when you reach retirement age Bottom line: From a strictly Social Security perspective, there is NO financial advantage to remaining in an unhappy marriage when you've already been married 30+ years.

Unfortunately, restricted applications are now only available to people born before January 2, 1954, so at age 61, you just missed the cutoff. That strategy allowed claiming only spousal benefits while letting your own benefit grow until 70. Instead, what you'll want to do is carefully time when you apply. When you apply for any benefit, the SSA will give you the highest benefit you're eligible for. So if your ex is already receiving benefits when you reach 62, you could potentially take reduced spousal benefits then switch to your own higher benefit later. However, this is why consulting with a Social Security specialist is crucial - they can run calculations based on your exact earnings records and life expectancies to determine the optimal filing strategy for your specific situation. General advice online can only take you so far with these complex scenarios.

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

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.