Ask Larry

Is It True That I Can't Apply For Half Of My Ex's Social Security Retirement?

I am 64 years old & still working. I was married 14 years & divorced & never remarried. I understand I can draw 1/2 of my ex's social security retirement. I applied but was told in a phone interview that I am not eligible because I have not made less than half of what he has made in the past. (that I have made IVER half) Is this true? Also I feel that I have made less than half of his income or that he has not recorded his income honestly. I do not agree with the person on the phone.
What should I do? Can I reapply? Please advise. Thank you.

Hi. You can always apply for benefits, and if you do apply and if your claim is disallowed then you can file an appeal. However, it sounds like what the Social Security employee you spoke with was trying to explain is that you can't qualify for divorced spousal benefits on the record of a living ex-spouse unless the ex-spouse's primary insurance amount (PIA) is more than twice as much as 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).

Since you were born after January 1 1954 and since your ex is apparently still living, you aren't allowed to apply just for divorced spousal benefits without also being required to file for your own benefits at the same time (https://www.ssa.gov/benefits/retirement/planner/claiming.html). And, if your own PIA is more than half as much as your ex-spouse's PIA, then you could only be paid your own higher benefit rate.

It sounds like you should strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully analyze all of your options so that you can determine your best strategy for maximizing your benefits.

Best, Jerry

Category: 
Posted: 
Feb 14 2022 - 4:32pm
MaxiFi software running on a laptop
Get What's Yours!
Discover tens of thousands in extra retirement dollars with Maximize My Social Security software!
  • Find your maximized strategy
  • Unlimited what-ifs
  • Step-by-Step filing instructions
  • Our software's lifetime-benefit increase for an illustrative couple earning $65K each and planning to take retirement benefits at 62.

    Results will differ based on your specific case and filing strategy.

Getting Started is Easy
Web-based software. Works on ALL browsers. No download.