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How Do I Choose Which Of My Ex-Spouses To File On?

I was married fir 11 years to my first husband and 16 years to my 2nd husband. At this tim I do not qualify for my own SS. How do I choose which one to file on? If one should pass away, will my benefit’s increase to his full amount. Also , how do I find out how much they are receiving now ? Thank you , sheri

Hi Sheri. I assume you mean that you were married twice and divorced twice, and that both of your ex-spouses are still living. In that case, to be eligible for divorced spousal benefits you must be unmarried and at least age 62, and the ex-spouse on whose record you claim benefits must either be a) drawing his Social Security retirement or disability benefits, or b) at least age 62 and your divorce must have been final for at least 2 years (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html).

Unreduced divorced spousal benefits are calculated based on 50% of the worker's primary insurance amount (PIA), but if you start drawing benefits prior to your full retirement age (FRA) your benefit rate will be reduced for age. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA). If your ex dies, though, you could get up to his full benefit rate.

Depending on your age and the ages of your ex-spouses, you could potentially file for benefits on one ex-spouse's account first, and later switch to the other ex's account if that rate would be higher. Or, it could change back and forth if your exes die before you.

Unless you have a record of your ex-spouses' earnings histories the only way to find out how much you could be eligible for on their accounts would be to ask Social Security. They should be able to tell you your approximate benefit rates on each ex-spouse's record as long as you're potentially eligible for benefits or nearing that time.

Best, Jerry

Posted: 
Aug 11 2022 - 5:21pm
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