I may be getting divorced in the near future and wanted to make sure my wife would be able to collect 50% of my present SS benefit which would be more than she gets now. My question is also as she collected her benefit at 62 ( so before FRA ) does that have any impact on the 50% amount? She will be 68/69 when we do divorce.

Thank you

Hi,

One thing that would prevent your wife from collecting divorced spousal benefits is if your marriage lasts less than 10 years. Assuming that you've been married longer than that, a divorce wouldn't adversely affect her ability to collect benefits from your record.

If your wife started collecting her own benefits at age 62, she'll keep the reduction for age that applies to her benefit rate even if she later becomes eligible for spousal or divorced spousal benefits. And, she'll only qualify for spousal or divorced spousal benefits in addition to her own benefit if 50% of your primary insurance amount (PIA) is more than her 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).

I'll give you an example to illustrate how your wife's spousal or divorced spousal benefit, if any, would be calculated. Let's say Amy filed for her benefits in 2015 at age 62. Amy's primary insurance amount (PIA), or full retirement age rate, would have been $800, but Amy's rate is reduced for age to $600. This year, when Amy is 68, her husband applies for his benefits. Amy's husband's PIA is $2000, so Amy's unreduced excess spousal rate is calculated by subtracting her PIA from 50% of her husband's PIA. In Amy's case, that amounts to $200 (i.e. $2000/2 - $800). Amy's excess spousal benefit is not reduced for age since she had already reached FRA when she filed for spousal benefits. That amount is then paid in addition to Amy's own reduced rate of $600 to give her a combined rate of $800 (i.e. $600 + $200).

In other words, your wife won't be eligible for a full 50% of your PIA if she started drawing her own Social Security retirement benefits at age 62. If your PIA is more than twice as much as your wife's PIA, and if you are already drawing your benefits, then it sounds like your wife should apply for spousal benefits ASAP. Spousal and divorced spousal benefits don't get any higher if you wait past FRA to apply for them. If your wife qualifies for an excess spousal benefit in addition to her own benefit, she'll continue to be eligible for that benefit as a divorced spouse as long as your marriage lasts for at least 10 years.

Best, Jerry