Ask Larry

Can I Get A Do-Over?

I started taking Social Security at 62; I didn't realize at that time that I was entitled to collect on my ex-husband's social security (having been married for nearly 30 years) and allow my SS to continue to grow. And, of course, SS didn't tell me. My ex is 2 years older than me. Recently, I have been talking with some friends and they told me that I could now be collecting my full benefits had I been taking my husband's up to this point. I turned 70 in July. Is there anything I can do at this time to collect the maximum amount on my social security. i.e. pay SS back the difference on what they paid me and what I would have gotten on my ex's benefits for the past 8 years? I'm not even sure how to go about any of this. I recall when I applied telling them that I was divorced and they even looked up his account at the time. I just wish they explained how I could have taken his benefits and allowed mine to continue to mature. Can you help me on this?

Hi,

Unless your ex-husband was deceased, you wouldn't have been able to file just for divorced spousal benefits at age 62 without also being deemed to file for your own benefits. However, you could have waited until age 66, filed just for divorced spousal benefits at that time and allowed your own benefit rate to grow until age 70. Obviously that would have meant receiving no benefits from age 62 to 66, though.

There's likely nothing you can do at this point to undo what you've done. Social Security won't permit you to withdraw an application for retirement benefits after you've been drawing benefits for more than a year, and even if they did allow you to withdraw you could only claim divorced spousal benefits for a maximum of 6 months prior to the month you apply.

If your ex dies before you and his benefit rate is higher than you are receiving on your own record, then you may still become eligible for surviving divorced wife's benefits in the future.

Best, Jerry

Category: 
Posted: 
Sep 24 2017 - 6:59am
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