Ask Larry

Why Is My Ex-Husband Getting So Much More Than Me Even Though I Helped Out In Our Businesses?

Hi Larry, I was married for 23 years. Now divorced. My husband owned several businesses which I helped. Now I look at my social security statement and he is getting highest amount at every age level. Me? I am getting only small amounts at every age level. Thru this marriage I was a flt Attnd who flew my minimum so I could help out our business. We both have worked always since 18 yes old. Why is my amount so uch less?? We filed jointly for all those years?
Thx u
Heidi

Hi Heidi. Most husband and wife businesses report their earnings as sole proprietorships. What that means is that the main owner operator of the business pays the Social Security taxes and gets all of the Social Security earnings credits for profits from the business. It doesn't matter whether or not you file your taxes jointly as far as Social Security is concerned. All earnings credits from a sole proprietorship go to the member of the couple whose Social Security number is listed on Schedule SE of their federal tax return.

It is possible to retroactively move the earnings credits from a joint business from one spouse's Social Security earnings record to the earnings record of the other spouse, but only if the business operated in effect as a partnership. For details, refer to the following section of Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0301802334. To accomplish that, though, your ex-spouse would almost certainly need to agree to the change. Furthermore, shifting earnings credits from your husband's record to your record could adversely affect any divorced spousal or survivor benefits for which you may qualify for now or in the future.

Best, Jerry

Posted: 
May 28 2021 - 2:24pm
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