Q: I will be 66 next year and would like to wait until I am 70 to start collecting my benefits. I have been married twice, but I've been divorced and single for more than three years. Am I still able to collect spousal benefits, even though I remarried after my first divorce? If so, which spouse’s benefits am I entitled to apply for? What documents do I need? --AL, via email
A: If both of your marriages lasted at least ten years, you're entitled to a benefit based on the work record of either of your ex-husbands -- so you can pick the one that gives you the largest amount.
(And in case you're wondering, your claim won't reduce the Social Security benefits available to your former husband or his current wife, if he has one.)
Here are the rules:
You can receive benefits on an ex husband or ex wife's Social Security record if you:
* were married to the former spouse for at least 10 years;
* are at least age 62 years old;
* are unmarried;
* your ex is eligible to receive his or her own retirement or disability benefit.
Even if your ex spouse hasn't yet applied for his/her own benefit, you can still receive a benefit based on his or her record if all the requirements above are met, and you've been divorced from him or her for at least two years.
One important caveat: Even if you meet all these requirements, you won't qualify for a spousal benefit if you're under your full retirement age and are eligible for a higher Social Security benefit based on your own work record.
That's because when you apply for Social Security before reaching your full retirement age, your application is automatically deemed to be for both your spousal benefit and your own benefit -- and you get the larger of the two amounts.
In your case, that's not a problem. At 66, you've reached your full retirement age. As a result, you're allowed to exclude your own work record from your application for your spousal benefit. (For more on this important, but often misunderstood rule, see my articles for AARP Bulletin and AARP Magazine, as well as other posts on this blog.)
You can collect your spousal benefit while you work -- and since you're 66, you won't forfeit any of that benefit regardless of the amount you earn. You can then switch to your own larger benefit when you're 70.
In general, here's what you need to provide when you apply for benefits:
* Your Social Security number;
* The Social Security number of the person on whose record you're applying;
* Your birth certificate;
* Proof of U.S. citizenship or lawful alien status (i.e., a birth certificate showing a U.S. place of birth, a naturalization certificate or an Immigration and Naturalization Service document showing alien status);
* Your W-2 forms or self-employment tax return for last year if you're applying for Retirement or Disability benefits;
* Your military discharge papers if you had military service;
* Your marriage certificate if you're a widow or widower;
* Your divorce papers if you're applying as a divorced spouse or surviving divorced spouse;
* The name of your bank and your account number so your benefits can be directly deposited into your account.
Go to the National Center for Health Statistics for information about where you can obtain vital records (i.e., birth and death and marriage certificates, divorce records). But there's no reason to delay your application. The Social Security Administration will help you retrieve the documents you need.
(c) Lynn Brenner, All Rights Reserved.
A: If both of your marriages lasted at least ten years, you're entitled to a benefit based on the work record of either of your ex-husbands -- so you can pick the one that gives you the largest amount.
(And in case you're wondering, your claim won't reduce the Social Security benefits available to your former husband or his current wife, if he has one.)
Here are the rules:
You can receive benefits on an ex husband or ex wife's Social Security record if you:
* were married to the former spouse for at least 10 years;
* are at least age 62 years old;
* are unmarried;
* your ex is eligible to receive his or her own retirement or disability benefit.
Even if your ex spouse hasn't yet applied for his/her own benefit, you can still receive a benefit based on his or her record if all the requirements above are met, and you've been divorced from him or her for at least two years.
One important caveat: Even if you meet all these requirements, you won't qualify for a spousal benefit if you're under your full retirement age and are eligible for a higher Social Security benefit based on your own work record.
That's because when you apply for Social Security before reaching your full retirement age, your application is automatically deemed to be for both your spousal benefit and your own benefit -- and you get the larger of the two amounts.
In your case, that's not a problem. At 66, you've reached your full retirement age. As a result, you're allowed to exclude your own work record from your application for your spousal benefit. (For more on this important, but often misunderstood rule, see my articles for AARP Bulletin and AARP Magazine, as well as other posts on this blog.)
You can collect your spousal benefit while you work -- and since you're 66, you won't forfeit any of that benefit regardless of the amount you earn. You can then switch to your own larger benefit when you're 70.
In general, here's what you need to provide when you apply for benefits:
* Your Social Security number;
* The Social Security number of the person on whose record you're applying;
* Your birth certificate;
* Proof of U.S. citizenship or lawful alien status (i.e., a birth certificate showing a U.S. place of birth, a naturalization certificate or an Immigration and Naturalization Service document showing alien status);
* Your W-2 forms or self-employment tax return for last year if you're applying for Retirement or Disability benefits;
* Your military discharge papers if you had military service;
* Your marriage certificate if you're a widow or widower;
* Your divorce papers if you're applying as a divorced spouse or surviving divorced spouse;
* The name of your bank and your account number so your benefits can be directly deposited into your account.
Go to the National Center for Health Statistics for information about where you can obtain vital records (i.e., birth and death and marriage certificates, divorce records). But there's no reason to delay your application. The Social Security Administration will help you retrieve the documents you need.
Please send your questions to Lynn@LynnBrennersFamilyFinance.com. I'm sorry I can't respond personally to every email. Questions are addressed only online.
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