Recently, the Wall Street Journal published a very informative article on Social Security retirement benefits and divorce. The article pointed out that people who were divorced many years ago, or went through the process on their own, likely never heard about an opportunity for a bigger retirement benefit.
First, Social Security retirement benefits are calculated by looking at a person's earning record. The more a person has earned in taxable income throughout their working life, the bigger the retirement benefit will be.
For people who have been employed all of their adult lives, it works out fine. But for others, typically women, who spent much of their adulthood raising children without being employed outside of the home, the benefit will likely not be enough to survive off of, especially after divorce.
This is why the Social Security Administration gives people the option to choose to claim benefits according to their own earning record, or in the alternative, 50 percent of their ex-spouse's benefit, even after divorce. In cases where the ex-spouse is deceased, the surviving ex is entitled to 100 percent of the benefit. However, a few standards have to be met.
First, the marriage must have lasted for 10 years or longer. Second, the person wanting to claim their ex-spouse's benefit must not be married (or remarried after the age of 60). Third, the ex-spouse's benefit must be greater.
You might be wondering how the ex-spouse with the higher benefit is affected by all of this. The answer is not at all, the Wall Street Journal reported. The ex-spouse will not lose any portion of his or her benefit, and doesn't even need to be contacted.
Instead, the Social Security Administration will access the ex-spouse's earning history and make determinations itself, including whether the ex-spouse is alive or deceased.
Retroactive payments also are available for up to six months for people who received less in benefits than they were entitled to.
This is important information for people who have been divorced and are reaching retirement age or are past retirement age. Contact an experienced divorce attorney or the Social Security Administration for more detailed information.
Source: Yahoo! Finance, "Boosting Mom's Social Security Payments," Ellen E. Schultz, Jan. 17, 2012
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