Social Security Claiming: The Case of Two Marriages, Two Divorces

Case Study April 01, 2024 at 04:53 PM
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This is the latest in a series of biweekly articles featuring Social Security claiming case studies drawn from the ALM publication "2024 Social Security & Medicare Facts," by Michael Thomas with support from Jim Blair, a former Social Security administrator, and Marc Kiner, a planning expert with extensive experience in public accounting.

The Scenario: Two 10-Year-Plus Marriages and Two Divorces

Sherry, who does not have enough credits to be eligible for Social Security benefits based on her own work record, was married to Charles and Shaun for over 10 years each, and she has been divorced for over two years from each.

Regardless of the filing status of her ex-spouses, once they and Sherry are at least age 62, Sherry can file for ex-spousal benefits as an independently entitled divorced spouse. She is eligible first on her first husband's record and later eligible on her second husband's record.

Due to deemed filing rules, if Sherry takes benefits from Charles' record before becoming eligible for benefits on Shaun's record, she must file on Shaun's record in her first month of eligibility — June 2024, in this scenario.

Based on their ages and life expectancies, Sherry is expected to outlive Charles. Thus, her survivor benefit projections are based on Charles' work record. Statistically, Sherry is not expected to outlive Shaun, but if she does she would be eligible for a survivor benefit based on his work record.

Sherry was born in May 1962, meaning she has a full retirement age of 67 and an expected death age of 87. Charles was born in November 1960, and he has a full retirement age of 67, at which time he would be eligible for $1,875 in monthly payments. Charles' expected death age is 84. Shaun was born in May 1967, and he has a full retirement age of 67, at which time he would be entitled to a monthly benefit of $2,250. His expected death age is 85.

What the Numbers Say

While this set of input assumptions seems more complex than many other potential claiming strategies for a single filer, the truth is that there are just two primary claiming strategies for Sherry to consider. The projected difference in lifetime benefit value between them is relatively modest — about $35,000.

The suboptimal strategy would see Sherry file what is known as an "independently entitled divorced spouse application" in May 2029, at which time she would be 67 and therefore entitled to 100% of her spousal benefit ($1,125) based on her marriage to Shaun. She would later become entitled to a $1,875 monthly survivor benefit based on Charles' worker benefit. This approach would deliver a projected lifetime benefit value of $311,250.

The better strategy is somewhat more complex, but as noted, it delivers about $35,000 in additional projected benefits. In this case, Sherry files in June 2024 at age 62 for an independently entitled divorced spouse application, at which time she will become entitled to a reduced spousal benefit based on Charles' earnings of $613.

About five years later, in May 2029, Sherry can then file at age 67 for an independently entitled divorced spouse application based on Shaun's earnings, at which time she will become entitled to a full spousal benefit of $1,125. Later, she is expect to collect a survivor benefit of $1,875 based on Charles' earnings. This approach would deliver some $347,417 in projected lifetime benefits.

Bonus Insight on Divorce and Social Security

Several years ago, Marcia Mantell, the author and Social Security educator, spoke with ThinkAdvisor about the intricacies of the benefit claiming process for people with ex-spouses.

As Mantell explained, an ex-spouse who wants to claim spousal benefits must have been married at least 10 years. The couple must have been divorced two years, or the ex-spouse must already be claiming Social Security. Also, the ex-spouse must not have remarried, but if their "new" spouse and the ex-spouse are both dead, a person can claim the highest benefits of either.

Generally, the ex-spouse making the claim will get 50% of their ex-spouse's primary insurance amount, regardless of when the second ex-spouse claims. In other words, the ex-spouse will get half of what their former spouse's benefit would be at full retirement age.

Another important concept to understand, according to Mantell, is that the spousal benefit amount "tops up" the claiming spouse's own benefit. For example, if an ex-wife's Social Security benefit is $1,000 a month, and her ex-husband's benefit at full retirement age is $2,400, she is eligible for a $1,200 spousal benefit. In practice, the ex-wife will get an additional $200 because of the calculation on her ex that yields a bigger benefit for her — but she doesn't get both, i.e., her $1,000 own plus $1,200 from the calculation on her ex that yields a bigger benefit for her.

Notably, even if person has multiple ex-spouses to whom they were married for 10 years, they each could claim 50% of the first person's benefit. This would have no impact on that person's benefit or on the ex-spouses' benefits. Further, an ex-spouse can make a claim even if he or she doesn't know where her ex is. They must simply prove the marriage with a certificate of divorce presented at the Social Security office to collect the benefit.

Another key consideration is that, if an ex-spouse claims their own benefits before the full retirement age, it reduces not only their own payout but also their potential spousal top-up.

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