Hi Larry, I came across your column while googling Soc. Sec questions for myself today, 11-6-17.
I am a 63 woman, I stared collecting SS at 62, and I really thought that I could collect against my ex-husband, who is 70. While sitting there with the nice SS officer (in disbelief that I couldn't collect against my ex - and, I didn't know my Ex's SS number at the time) - it was such a small amount of difference to waiting until 70 that, I decided to collect my own SS benefits at 62. I also have had little income, divorced, and not working anymore..I've never remarried, and neither did he.
What the officer told me was incredible, and I feel so naive - even my divorce lawyer never talked about these things - and after I stopped whimpering, I'm still in a quandary. I couldn't understand that I couldn't collect, because the SS gentleman said that my Ex's benefits were less that mine. (Mine is $768.00/mos). I knew that my ex was a millionaire, from the high end marital home, misc properties and successful retail business we owned together for 18 years- WE co-created together from it's inception, (and it has now become iconic today and it still running)... - I knew he was good at taking care of all the monies, and he paid me, what I call now is, "a pity paycheck" to have cash for the week, but didn't really understand what he was doing... as we were raising children and running the business, etc.
Yes, I was young, I know. Shame on me.
No matter, the SS agent told me to turn him into the IRS - to get what I deserved - and meanwhile, he said he would tie my Ex's name with my name for the future, since I had gone back to my maiden name - and wait until he dies. Then I would get his death benefits. (which I also do not understand). I have since researched: "turning someone into the IRS" for tax evasion, living beyond his means, and more, etc, I have not acted on it because of the children. While the (now adult children) see that all the money will be coming from his end, they protect him incredibly. I only mention the whole story to tell you what it's been like, and fully understand your area is Social Security. If you even get to read this email, I can only go forward, any advice in the Social Security area would be truly beneficial and appreciated. Thank you, thank you for taking the time to read this....

Hi,

The apparent fact that your ex doesn't have a high enough full retirement age retirement benefit rate (PIA) to permit you to be paid divorced spousal benefits doesn't necessarily mean that he's done anything illegal. Sometimes a person can have an extremely high income without having much in the way of earnings subject to Social Security taxes. For example, dividends received from a corporation aren't subject to Social Security taxes so a person could potentially receive millions in dividends without paying any Social Security tax.

Of course, I have no way of knowing whether or not your ex did anything illegal. In any case, you could only be paid the higher of your own benefit rate or your divorced spousal rate. Your unreduced divorced spousal rate would be calculated as 50% of your ex-husband's PIA minus your own PIA. So, if your PIA is more than half as much as your ex's PIA you wouldn't be eligible for divorced spousal benefits, which is apparently what the Social Security representative was telling you.

However, if your ex dies before you you could potentially be paid the higher of your own benefit rate or 100% of his benefit amount.

Best, Jerry