SS For Divorced

[PeterS133560]

Anyone encounter this question? We're getting mixed answers from various sources.

My 63-year-old partner (we're not married) could start receiving SS on her ex-husband's SS. It would be a reduced amount because she is not at her full retirement age.

Is she then "locked" into that reduced percentage the rest of her life because she started early, before her own full retirement age?

What if in 5 years she and I get married and she starts claiming on my SS......would it be reduced percentage because she started her claim at 63?

Thanks!

[GailL1]

YES - as long as she is getting the same type benefit, she has made her choice.  By same type benefit, I am referring to

• Retirement benefits (including spousal or ex spouse),
• Survivors benefits
• Disability Benefits

So if you two decide to get married and she is already older than 60, she can, at some point, STOP the spousal (ex) benefits that she is receiving from her ex-spouse and switch to benefits under your record if they are higher.  But her reduction, due to beginning benefits early, will still be in the mix.

If she ever switches benefits from Retirement (including spousal or ex spouse) Benefits  to Survivors Benefits, the rules then change to those of the Survivor and she is not then just getting a benefit under the record of another, she is actually getting THEIR benefit if it is Survivors - so if she is at least HER full retirement age, she can get THEIR full benefit.  But if she isn’t HER full retirement age, the Survivors benefit would also be reduced.

You two DO HAVE TO BE MARRIED for any of these benefit options to work, whether retirement (spousal benefits) or Survivors benefits.