My husband recently passed away. We were married for more than ten years. He took retirement at age 65 years.
I also had a former marriage for more than ten years, we divorced. He may have taken early retirement before 65 yrs.
I took early retirement at age 62 yrs. I am not sure which husband had the larger wage earnings. I presume it would be prudent to choose the one with the larger wage earnings. If that turns out to be my former husband, would that reduce his benefits in any way? What would be the best to do now, and is there other options that I should keep in mind for the future. My former husband is alive, and past seventy years of age. I turn seventy years at the end of 2020. Thank you.

Hi,

I'm sorry for your loss.

Since you're over full retirement age (FRA), you would want to claim benefits as soon as possible on the record of whichever husband would provide you with the highest benefit rate. However, since your first husband is living, the most that you could qualify for on his record is 50% of his primary insurance amount (PIA) minus your own PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing at FRA. If you are able to collect benefits on your first husband's record, it would not reduce his benefit rate.

Widow's benefits, on the other hand, can be paid at up to 100% of the deceased worker's benefit rate, but you could only be paid the higher of your own benefit rate or your deceased husband's rate. Therefore, the only way that you'd currently be able to draw benefits on your first husband's record is if 50% of his PIA is more than your PIA, and more than the full amount that your deceased husband was drawing. However, if your first husband dies you could apply and get up to the higher of his full benefit rate or 82.5% of his PIA, assuming that amount is higher than the higher of your other widow's benefit rate or your own benefit rate.

It sounds like you should contact Social Security to see about filing for benefits on whichever of your husbands' records would give you the highest benefit rate. There's also a one time death benefit of $255 that you're probably eligible for on your deceased husband's record.

Best, Jerry