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I am currently going through a lengthy and very contentious…

I am currently going...

I am currently going through a lengthy and very contentious divorce. I am unemployed and any work I can get will be minimum wage. I will turn 62 this week, and need to apply early for social security benefits. As soon as I started to fill out the social security benefit online application form, the first question it asked was information about my spouse. This troubled me, as I won't be married any longer very soon. What are the ramifications of applying for social security while you are in a divorce. I understand all the stuff about spousal benefits, but we have not been married 10 years. I was married previously for 24 years and my prior spouse is now deceased. Yet, her earnings record is less than my earnings record, so I don't see any need to wait until I am single to file for benefits for this reason because I cannot claim any portion of her benefits. So, before I file, while in divorce, I just want to make sure I am okay and won't be subject to some kind of adjustment because I am, legally, married when I apply.

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Answered in 3 minutes by:
1/16/2018
emc011075
emc011075, Tax Adviser
Category: Social Security
Satisfied Customers: 3,388
Experience: Tax adviser IRS licensed Enrolled Agent and tax instructor
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Hi. My name is ***** ***** I will be happy to help you.

Is your soon to be ex spouse 62 or older or receiving disability benefits?

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Customer reply replied 1 month ago
No. She is 60 years old and has a very high paying job with no plans to retire anytime soon.

Than you do not have to worry about anything. Right now you will not qualify for spousal benefits. After two years you can check if benefits based on her records (about 35% of her full retirement age benefits) are higher than benefits based on your own records. If yes, than you can switch later.

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Customer reply replied 1 month ago
But do I need to worry about applying while in divorce, when I have to say I am married?

It does not matter because you are not applying for spousal benefits. If you have not been married for 10 years you will not qualify for benefits based on her records.

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If you file as married, the agent will determine that you do not qualify for spousal benefits because your current spouse is not 62. If you file as divorced, the agent will determine that you do not qualify for spousal benefits, again because your ex-spouse is not 62 or older. The outcome will be same.

emc011075
emc011075, Tax Adviser
Category: Social Security
Satisfied Customers: 3,388
Experience: Tax adviser IRS licensed Enrolled Agent and tax instructor
Verified
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Customer reply replied 1 month ago
Thank you very much.
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emc011075, Tax Adviser
Category: Social Security
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