Ask Larry

Do I Still Qualify For Benefits?

my husband died in 1992 he was 31 years old. i am now 60, we were only married several years. from 1988 until his death in 1992. i remarried for a very short time and was divorced it should have been annulled but due to a bad lawyer and several mistakes on my part my ex filed for divorce to stop it...long story. Do i qualify for benefits?

Hi,

Whether your subsequent marriage ended in divorce or annulment, as long as it's ended you could still claim widow's benefits on your first husband's record provided that you meet the other requirements for entitlement (https://www.ssa.gov/OP_Home%2Fhandbook/handbook.04/handbook-0401.html).

Assuming that you also have enough work credits to be eligible for benefits on your own record your best strategy for claiming benefits is likely one of the following:
1) File for reduced widow's benefits at age 60 or as soon as your earnings will permit at least some benefits to be paid, then switch to your own record at age 70; or,
2) File for reduced retirement benefits on your own record at age 62 or as soon as your earnings will permit at least some benefits to be paid, then file for unreduced widow's benefits at your full retirement age.

Normally, you would want to start out drawing the lower benefit first and then switch to the higher record when it reaches it's highest potential rate. Our maximization software can sort all of this out for you and help you determine your best strategy.

Best, Jerry

Category: 
Posted: 
May 6 2018 - 11:14am
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