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Can My Mother Still Look At Having Her SS Adjusted To Her Ex-Spouse's SS?

My mother retired and moved here to GA at 66. She was married for 30 years but divorced. Can she look at having her SS adjusted to her ex spouse’s even now? He lives in Indiana.

Hi. The states in which your mother and her ex-spouse live wouldn't be an issue, but whether or not she could qualify for divorced spousal benefits likely depends on the relative amounts of her and her ex's benefit rates. If your mother's ex is still living and assuming that your mother is already drawing her own benefits, she could only qualify for divorced spousal benefits if her primary insurance amount (PIA) is less than 50% of her ex's 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). The other requirements for divorced spousal benefits are outlined in the following section of Social Security's handbook: https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html.

If your mother's ex dies or is already deceased, then she could potentially qualify for survivor benefits if her ex's benefit rate or his PIA is more than your mother's PIA (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0403.html). In any case, it certainly wouldn't hurt for your mother to check with Social Security to see if she might qualify for benefits on her ex's record.

Best, Jerry

Posted: 
Mar 30 2021 - 3:32pm
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