Ask Larry

Can I Get Additional Benefits From My Husband's Record?

Hello. My husband and I separated after 32 years of marriage. I retired and started drawing SS at age 62. Ex husband is still working and not drawing. We are both 66 years of age. Divorce finalized in 2013. Can I now increase my benefits by the amount using the formula of half of my ex husbands full amount minus my present amount? I called SS and got a very quick “no” even before I could state all of the above info. Thought I’d ask a knowledgeable independent source. Thank you.

Hi,

It sounds like you could potentially qualify for divorced spousal benefits, but only if 50% of your ex-husband's full retirement age rate is higher than your own full retirement age rate (PIA). The formula you describe in your question isn't accurate, since you took reduced retirement benefits. The correct formula for calculating your divorced spousal benefit rate would be 50% of your ex's PIA minus your own PIA, and you would only qualify for divorced spousal benefits while your ex is living if the result is positive.

Best, Jerry

Posted: 
Jan 24 2018 - 11:09am
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