Hi Larry:

I'm a male, 60 years old and have been divorced for nine years after 25 years of marriage. I'm currently in India has to look after my old parents. I am a US citizen having worked for 22 years in Washington DC and have been unemployed since 9 years. I'm currently single and have not been married since my divorce. I'm having lots of problems financially. What are my current options in terms of Social Security benefits, Divorce benefits etc. And when can I apply? My ex wife as I understand is married recently and she is 58 years old employed in Washington DC. As I understand I cannot apply for any benefits till I'm 62 years. Also can I apply through the American Consulate locally or I have to come in person to a Social Security office in person?

I would sincerely appreciate for your help.

Regards,

Ravi

Hi Ravi,

If you and your ex-wife are insured for Social Security (SS) benefits, and since you are a U.S. citizen, you can receive retirement and potentially divorced spousal benefits even if you are living in India. Under the new SS regulations passed by congress last year, however, you will only be able to receive what is essentially the higher of those 2 benefits. Other options would become available if your ex-wife dies first, though. Her marital status doesn't affect your potential eligibility on her account.

You must meet the age minimum age requirement in order to be eligible for benefits, which is age 62 for reduced benefits. And, unless your ex receives disability benefits, she must be at least age 62 before you could be eligible for a divorced spousal benefit. In all likelihood, though, your own benefit will exceed one-half of your ex-wife's, making you ineligible for a divorced spousal benefit anyway.

The decision on when to apply is a personal choice based largely on your financial situation. If you apply before full retirement age, which is probably a few months past age 66 for you, your benefits will be reduced. The percentage reduction would be about 26% if you file when you first qualify at age 62. Benefits are unreduced if you wait until full retirement age to apply, and if you wait until age 70 to start, they will be about 30% higher than the full retirement age benefit. You may want to consider running the maximization software available on this website in order to clarify your options.

As far as physically filing your application, I believe you can do that online at ssa.gov, even while you are outside the U.S. I don't think the U.S. consulate in India takes Social Security applications, but they may be able to assist you with other problems that you incur.

Best, Jerry