Situation - Divorcee that had been married 20+ years, currently 56 years old. Ex-Spouse had early onset dementia and was on Social Security Disability for the last 3 + years of his life. Questions 1 How is the amount the 50% spousal benefit is calculated? On the Disability amount that he was drawing upon his death? Or what his regular Social Security calculation would have been upon his reaching FRA ? 2: When could the Divorcee begin drawing the benefit without reduction/penalty? Age 60 or sometime later? 3: would her earnings from her own employment be limited if she began to receive benefits under his record?

Thank You in advance for any assistance.

Allen

Hi Allen,

I'm assuming you mean that the ex-spouse in question has now died. If so, the 50% divorced spousal rate is no longer relevant because that rate only applies to auxiliary benefits payable on the record of a living ex-spouse.

A surviving divorced spouse of the deceased worker like you describe could be paid up to 100% of the worker's primary insurance amount (PIA), which would be equal to the worker's full Social Security disability (SSDI) rate including any Social Security cost of living increases (COLA) that occurred after the worker's death. But, in order to be due the worker's full PIA, the surviving divorced spouse would have to wait until they reach full retirement age (FRA) to start drawing their survivor benefits.

A surviving divorced spouse can potentially qualify for benefits as early as age 60, or at age 50 if they're disabled, but if they do so their survivor rate would be reduced to 71.5% of the worker's PIA. And, surviving divorced spousal benefits are subject to the same Social Security earnings test rules as are Social Security retirement benefits. Therefore, if a surviving divorced spouse files for benefits prior to FRA their benefits could be subject to full or partial withholding based on Social Security's earnings test regulations (https://www.ssa.gov/planners/retire/whileworking.html).

Best, Jerry