Hi Larry.

Can you please help me with your social security advuce? Below are details and questions.

My name is Deanne. I will be 65 years old on December 16th. I was born in 1957.

During my 25 years of marriage, I was physically and verbally abused by my husband at that time. He was arrested on 1 occasion, he went to jail, he went to court and was found guilty. I have a copy of the police report. I personally have over 40 credits on my own work record and qualify for social security. I have not taken my benefits on my work record yet.

For maximizing my social security benefits do I also qualify for:
1. a. an additional financial benefit due to the abuse and violence comitted by my ex husband during our 25 year marriage?
1b. When, how, and where do I apply for this?
1c. How do I calculate what this benefit amount is?

2. a. DIvorced spouse benefits based on my ex husband's work record that I can collect/receive prior to taking my own benefits?
I have proof of our 25 year marriage.
2b. When can I apply and collect on my ex husband's sicial security benefits?
2c.. How and where do I file and apply?

3. In regards to MY work record I would like to delay taking these benefits until I am 70 years old. Other considerations include my bad financial issues, including finding full time employment. I am currently a part time contract worker. My ex husband stripped all of the money from me. My ex-husband ONLY left me with 1/2 of " my " IRA. He hid "his" Roth and Trafitional IRAs from the Court, my lawyer, and me. He did not provide this during discovery which his attorney and the judge did not enforce him to produce. There was other additional "community property" money and assets that my ex husband took and hid.

Please answer and provide me with any additional information that I need to be aware of. Given my financial situation, how can I MAXIMIZE my Social Security benefits today and in the future? How do I determine these amounts? When should I start collecting on
a. Ex spousal ABUSE/VIOLENCE benefits
b. DIvorced spouse benefits
c. My work record benefits?
d. Any other additional benefits
e. Any additional advice, recommendations, etc ?

Many thanks in advance for your help!

Best,
Deanne

Hi Deanne. I'm sorry to hear about the abuse you suffered. However, domestic abuse and violence doesn't have any effect on any benefits you may be eligible for from Social Security. If you meet the requirements for divorced spousal or survivor benefits you could potentially be paid benefits from your ex-husband's Social Security account, but the benefit rate would not be any higher because of domestic abuse or violence.

Since you were born after January 1 1954, as long as your ex-husband is still living you could never apply for divorced spousal benefits without also being required to apply for your own benefits at the same time (https://www.ssa.gov/benefits/retirement/planner/claiming.html). You would then only be eligible for benefits from your ex's account if 50% of his primary insurance amount (PIA) is more than your own PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA). And, if you start drawing benefits prior to your full retirement age (FRA) of 66 & 6 months your benefit rate would be reduced for age.

If your ex-husband dies before you claim your own benefits you could potentially apply for surviving divorced spousal benefits and wait until age 70 to claim your own benefits. Whether or not that would be the best filing strategy in your case, though, depends on the benefit rates involved.

Your best filing strategy depends on a number of different factors, including the comparative benefit rates you could potentially be paid on your own account and your ex's account. Without that information there's simply no way to be able to give you any meaningful advice. You can use our software (https://maximizemysocialsecurity.com/purchase) to calculate your own benefit rate, and your ex-husband's benefit rate if you have a record of his yearly Social Security covered earnings. If you don't have that information, you'd need to request estimated benefit information from Social Security. Once you enter the required information into the software, the software will allow you to compare and analyze all of your various options so that you can determine your best strategy for maximizing your benefits.

Best, Jerry