Contributor ⭐

Divorce and Social Security

Forum|Forum|2 years ago
April 17, 2024
13 replies
5634 views

Married 40 years. Divorced 9 months. Ex (age 74) started collecting SS 9 years ago. I just reached full retirement age (66.5).

Social security told me that I could not collect under his name because I was not divorced for TWO years yet and to reapply then. Said that rule applied was across the board - applied to everyone.

According to AARP, the two year rule only applies if EX has not started SS yet.

Who is correct? If AARP is correct, how do I fight this with SS?

This topic has been closed for replies.

GailL1

Community Champion ⭐⭐⭐

Personally, I wouldn’t take anybody’s word for something so important to your finances - I would always verify at the source and have the source noted for any reference. The SSA (Social Security Administration) has a LOT of new people working there, they are really behind and so it is probably a stressful environment.

Straight from the “horse’s mouth” - the link

SSA.gov - Benefit Planner / Retirement / Benefits for Your Family

Look under the Heading of: BENEFITS FOR YOUR DIVORCED SPOUSE

I am only copy/pasting the part that answers your question here + a little more - there is more at the link on this benefit so you should review it all - remember this is written to the primary account holder.’

from the link~ copy/paste:

IF you have not applied for retirement benefits, but can qualify for them, your ex-spouse can receive benefits on your record if you have been divorced for at least two continuous years.

If your ex-spouse is eligible for retirement benefits on their own record, we will pay that amount first. If the benefit on your record is higher, they will get an additional amount on your record so that the combination of benefits equals that higher amount.

IT‘S ALWAYS SOMETHING . . . . .. . . . Roseanne Roseannadanna

P

PatriciaC61149Author

Contributor ⭐

This is as clear as mud!

According to AARP (https://www.aarp.org/retirement/social-security/info-2016/divorced-social-security-benefits.html), it states that the two year rule ONLY applies if the ex-spouse has not started collecting SS yet.

Exact quote from above link:

"Unlike a current spouse, a divorced person can get benefits if their ex is eligible for retirement benefits but has not yet claimed them.

However, if your ex hasn’t claimed, there’s a twist to the eligibility rules: In addition to the age and marital criteria noted above, you must have been divorced for at least two years. That waiting period does not apply if your ex is already collecting Social Security."

Like i said, clear as mud! There are several links on the SS website re divorce - none of them are clear.

GailL1

Community Champion ⭐⭐⭐

@PatriciaC61149

It seems very clear to me in the write ups -

What this is trying to prevent is loop-holes -

Ever hear of a primary account holder refusing to file for their Social Security Retirement benefits because they don’t want their X to have access to it - that why the SS rules differ between regular Spousal benefits and Divorced Spousal Benefits in regards to this part of the rule: . . . . IF you have not applied for retirement benefits, but can qualify for them . . . .

Then on the other hand is another loop-hole which they are trying to fill, that is to say, a couple that just divorce so that this benefit can be activated rather than having to wait on the timing of the regular spousal benefit rules

. . . . . your ex-spouse can receive benefits on your record if you have been divorced for at least two continuous years.

And if the divorced spouse is of FRA, then the deeming rule is also in play - that is to say, they must file for all the benefits to which they are entitled including their own and any [divorced] spousal benefit to equal a benefit that is the higher in amount.

So IF your own retirement benefit, since you have reached your FRA, is larger than what you might get under the divorced spousal benefit - you cannot delay your own benefit (to grow & grow til 70) - the program will only give you YOUR OWN benefit.

Spousal benefits are always auxiliary benefits since they rely on the benefits of another.

Maybe it does take a bit of knowing the whole program and its ins and outs to put it all together sometimes - but then that still makes it “clear as mud”. 🤓

AND sometimes my head gets so full of this mud that I just want to forget about it since my benefit has already been settled years and years ago -

You can always ask your questions any number of places and then measure all the responses - talk about mud !!!

IT‘S ALWAYS SOMETHING . . . . .. . . . Roseanne Roseannadanna

T

Tonster521

Community Champion ⭐

@PatriciaC61149 I suspect you may have called the SSA asking about your eligibility for Divorced Spouse's Benefits. And, the person who answered your call either did not listen to the facts you provided or was not aware of the Divorced Spouse's Benefits provisions. Gail has provided the pertinent SS documents/links that clearly indicate that the 2 year period is only applicable if your ex-spouse has not applied for his SS Benefits. Because your ex-spouse has been receiving SS Benefits for 9 years, you can apply for Divorced Spouse's Benefits. I am providing a link to Form SSA-2 Information You Need to Apply for Divorced Spouse's Benefits https://www.ssa.gov/forms/ssa-2.html which also appears as the last bullet point in the link that Gail provided in her April 17th post. You do not need phone approval to apply. When calling the SSA or any organization, it is a "roll of the dice" that you will get someone who is knowledgeable about your individual question or situation. So, my suggestion is just apply. If you have not remarried, your application for Divorced Spouse's Benefits should be approved without a 2 year waiting period based on the info you provided.

GailL1

Community Champion ⭐⭐⭐

@Tonster521

Agree 100%

IT‘S ALWAYS SOMETHING . . . . .. . . . Roseanne Roseannadanna

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