Larry, I was married for 30 years and divorced in 2009. My husband always made more money than me during our marriage. After recently contacting the social security office, I was told I can't take any spousal benefits at my FRA from his record. He was born on 3/1/54 and I was born on 5/19/55. Is that correct?

I am currently 64-1/2 and considering taking SS prior to my FRA in May 2021 because I was laid off. SS office indicated my benefit would be about $1900 per month right now. Since this amount exceeds the maximum you can earn prior to FRA of $17, 640. per year, would my monthly benefit be reduced? If it is, would the monthly payment go back up to the $1900 per month at FRA in May 2021?

Hi,

Yes, it sounds like that's correct. Since you were born after January 1 1954, you could never file just for divorced spousal benefits without also filing for your own Social Security retirement benefits at the same time (https://www.ssa.gov/planners/retire/deemedfaq.html). Therefore, the only way that you could be eligible for divorced spousal benefits is if your ex's primary insurance amount (PIA) is more than twice as much as your PIA. A person's PIA is equal to the amount of their Social Security retirement benefit rate if they start drawing at full retirement age (FRA).

Based on what you say your Social Security retirement rate will be, your ex's PIA couldn't possibly be more than twice as much as your PIA. Therefore, it sounds like you won't be able to draw divorced spousal benefits as long as your ex is living. However, if he dies before you then you could potentially qualify for survivor benefits if his benefit rate is higher than your benefit rate, or if he dies before you file for your own benefits.

Your Social Security benefit payments won't count as income toward the Social Security earnings test limit. You could be paid benefits for any months this year in which you don't earn more than $1,470, or if you don't earn more than $17,640 in the calendar year of 2019 (https://www.ssa.gov/planners/retire/whileworking.html). However, if you start drawing your benefits prior to FRA your benefit rate will be reduced for age. That reduction would be permanent unless Social Security withholds your benefits prior to FRA because of your earnings. You may want to strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to explore and compare your filing options so that you can determine your best strategy for claiming benefits.

Best, Jerry