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Myths About Divorced Women and Social Security

I guess not all marriages are made in heaven! I say that because of the surprising number of questions I get from divorced women about Social Security. Or from divorced men asking questions about benefits potentially due to their ex-wives. I've gone over this topic in more than a few past columns. But the frequency of questions I continually get about this issue tells me it's time to review. This time, I will do it in the form of presenting the top 8 myths about divorced women and Social Security.

And as I usually do when it comes to these gender-specific topics, let me point out that divorced men are potentially due the same benefits as divorced women. But because 95% of the benefits currently paid to divorcees go to women, I am addressing them today. However, if you are a divorced man who made less money than your ex did, meaning she has a higher Social Security benefit than you, then simply reverse genders as you read the rest of this column.

Before I get to the myths, let me go over the basics. If you were married to a man for at least 10 years before getting divorced, and if you are not currently married, and if you are not due higher benefits on your own Social Security record, there is a good chance you are due Social Security benefits on your ex-husband's record. You can get those benefits beginning at age 62 if your ex is still alive and as early as age 60 if your ex is deceased.

However, those benefits might not be payable if you are under your full retirement age and working. There is an earning penalty that applies to all Social Security beneficiaries under FRA, whether they are getting benefits as a retiree or as a spouse or widow of a retiree. In a nutshell, the law says that if you are making over $23,400 per year, one dollar in benefits is held back for each two dollars you exceed that threshold. The threshold eases up a bit in the year you turn FRA and completely goes away once you reach that magic age. Those are the basics. Now here are the myths.

Myth 1: If I file for benefits as a divorced spouse, it will take benefits away from my ex.

This isn't true. Anything paid to you as a divorced spouse is just an add-on benefit that doesn't take a nickel away from your ex's Social Security checks.

Myth 2: My ex-husband has remarried, so that cuts off any potential benefits to me as the ex.

Not true. Assuming you meet all the other eligibility requirements, you would still be eligible for divorced spouse benefits. But if you remarry, it's a different story. As long as you are married to husband number two, you can't get benefits from number one. But if your marriage to number two ends, you can go back and claim benefits from number one.

Myth 3: If I get benefits as a divorced spouse, it could reduce payments to my ex-husband's current spouse.

Once again, not true. As pointed out above, any money paid to you as an ex-spouse is essentially just an add-on benefit. It doesn't take anything away from your ex-husband, nor would it take anything away from his current spouse.

Myth 4: I must wait for my ex-husband to file for benefits before I can make a claim against his record.

You don't have to wait. Your husband must be eligible for Social Security benefits (usually meaning he's got to be at least 62 years old), but he does not have to be actually receiving Social Security benefits. (Note that the rules are different for a woman still married to her husband. She can't file for spousal benefits until her husband files.)

Myth 5: My divorce decree includes a clause that nullifies my eligibility for benefits on my ex-husband's Social Security account.

Frequently, a husband insists on adding a line or two to the divorce papers that essentially says this: "My wife cannot make a claim against my Social Security benefits." The soon-to-be ex-wife signs the papers because, at the time, Social Security is the furthest thing from her mind. However, as she gets older, she thinks she made a big mistake. But she didn't. That Social Security exclusion clause isn't worth the paper it's printed on. It has no legal standing. Federal law always trumps anything a lawyer might scribble into a divorce decree.

Myth 6: I need permission from the ex before I can file for his Social Security.

No permission is necessary. If you meet the eligibility criteria for divorced spouse benefits, federal law says you are due those benefits. Your ex-husband has no say in the matter, and his permission isn't necessary.

Myth 7: What I am due from my ex's Social Security is based only on the earnings he made while we were married.

Any benefits paid to a wife (whether married or divorced) are always based on the husband's entire work history.

Myth 8: If I can't get anything from my ex while he is alive, I also can't get anything when he dies.

Many working women aren't due anything from an ex-husband while he is alive because their own Social Security benefit exceeds the divorced spousal rate. But after the ex dies, the widow's rate can be as high as 100%. So, if you didn't qualify for spousal benefits from your living ex-husband, there is a pretty good chance you will get widow's benefits once he passes away.

If you have a Social Security question, Tom Margenau has two books with all the answers. One is called "Social Security -- Simple and Smart: 10 Easy-to-Understand Fact Sheets That Will Answer All Your Questions About Social Security." The other is "Social Security: 100 Myths and 100 Facts." You can find the books at Amazon.com or other book outlets. Or you can send him an email at thomas.margenau@comcast.net. To find out more about Tom Margenau and to read past columns and see features from other Creators Syndicate writers and cartoonists, visit the Creators Syndicate website at www.creators.com.

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