Larry, I just turned 66 a few days ago-my spouse died when I was 59 and I began collecting widower benefits at my age 60 since I was earning only about $12k per year. My widower amount is $600 currently and I can now take my FRA amount at $1000 per month but at this point have chosen not to in order to let my $1000 grow under the DRC until my age 70. I remarried in March 2019 so I am now 1+ year into my new marriage and understand that I can now switch to a spousal benefit on my new wife who is 72 years old and her FRA was $2800 so my understanding is I can collect $1400 spousal instead of my current widower of $600 and more than my own $1000.
My concern is as follows - if I start collecting the $1400 and we end up divorcing tomorrow while I am 66 what are my choices at that time - can I continue with the $1400 and let my $1000 age 66 benefit continue under the DRC? or do I lose the $1400 due to the fact I was not married for 10 years to my second wife -
Secondly if I lose the $1400 new wife spousal do I have to go to my $1000 amount on my benefit or can I chose to go back to the original widower benefit of $600 and still leave my $1000 continue to increase under a DRC to my age 70.
My concern are what are my choices if we get divorced prior to my age 70?
Thanks
Dan
Hi Dan,
Yes, it sounds like you'd currently be eligible to file a restricted application for spousal benefits on your wife's record, which would be calculated at 50% of your wife's primary insurance amount (PIA). Your entitlement to widower's benefits would continue, but you'd only be paid the higher of your widower rate or your spousal rate.
If you get divorced, your spousal benefits would terminate effective with the month of your divorce, but your widower's benefits would continue. You couldn't qualify for divorced spousal benefits unless you've been married for at least 10 years.
Therefore, if you do get divorced you'd have the option to either continue receiving widower's benefits while waiting until age 70 to file for your own benefits, or you could file for your own benefits prior to age 70.
Best, Jerry
