Social Security Planning: Marriage, Divorce, and Survivors

The Social Security Statement you receive is often incomplete if you are married, were married, or are a widow or widower. Your statement shows your own earnings history and a projection of your individual benefits, but never shows your eligible benefits as a spouse, ex-spouse, or survivor.

In general, when someone is eligible for more than one type of Social Security benefit, they will receive the larger benefit, not both. But how are you supposed to know if the spousal benefit is the larger option? Social Security is helpful with applying for benefits, but they don’t exactly go out of their way to let you know in advance about what benefits you might receive or when you should file for these benefits.

The rules for claiming spousal benefits, divorced spouse benefits, and survivor benefits are poorly understood by the public. And unfortunately, many financial advisors don’t understand these rules either, even though Social Security is the cornerstone of retirement planning for most Americans. Today we are giving you the basics of what you need to know. With this information, you may want to delay or accelerate benefits. The timing of when you take Social Security is a big decision, one which has a major impact on the total lifetime benefits you will receive.

1) Spousal Benefits. If you are married, you are eligible for a benefit based on your spouse’s earnings, once your spouse has filed to receive those benefits. If you are at Full Retirement Age (FRA) of 66 or 67, your spousal benefit is equal to 50% of your spouse’s Primary Insurance Amount (PIA). If you start benefits before your FRA, the benefit is reduced. You could start as early as age 62, which would provide a benefit of 32.5% of your spouse’s PIA. Calculate your benefit reduction here.

If your own benefit is already more than 50% of your spouse’s benefit, you would not receive an additional the spousal benefit. When you file for Social Security benefits, the administration will automatically calculate your eligibility for a spousal benefit and pay you whichever amount is higher. A quick check is to compare both spouse’s Social Security statements; if one of your benefits is more than double the other person’s benefit, you are a potential candidate for spousal benefits.

If your spouse is receiving benefits and you have a qualifying child under age 16 or who receives Social Security disability benefits, your spousal benefit is not reduced from the 50% level regardless of age.

Please note that spousal benefits are based on PIA and do not receive increases for Deferred Retirement Credits (DRCs), which occur after FRA until age 70. While the higher-earning spouse will receive DRCs for delaying his or her benefits past FRA, the spousal benefit does not increase. Furthermore, the spousal benefit does not increase after the spouse’s FRA; it is never more than one-half of the PIA. If you are going to receive a spousal benefit, do not wait past your age 66, doing so will not increase your benefit!

2) Divorced Spouse Benefits. If you were married for at least 10 years, you are eligible for a spousal benefit based on your ex-spouse’s earnings. You are eligible for this benefit if you are age 62 or older, unmarried, and your own benefit is less than the spousal benefit. A lot of divorced women, who may have spent years out of the workforce raising a family, are unaware of this benefit.

Unlike regular spousal benefits, your ex-spouse does not have to start receiving Social Security benefits for you to be eligible for a benefit as an ex-spouse, as long as you have been divorced for at least two years.The ex-spouse benefit has no impact on the former spouse or on their subsequent spouses. See Social Security: If You Are Divorced.

If you remarry, you are no longer eligible for a benefit from your first marriage, unless your second marriage also ends by divorce, death, or annulment.

A couple of hypothetical scenarios, below. Please note that the gender in these examples is irrelevant. It could be reversed. The same rules also apply for same-sex marriages now.

a) A man is married four times. The first marriage lasted 11 years, the second lasted 10 years, the third lasted 8 years, and his current (fourth) marriage started three years ago. The current spouse is eligible for a spousal benefit. The first two spouses are eligible for an ex-spouse benefit, but the third is not because that marriage lasted less than 10 years. A person can have multiple ex-spouses, and all marriages which lasted 10+ years qualify for an ex-spouse benefit!

b) A woman was married for 27 years to a high-wage earner, and they divorced years ago. She did not work outside of the home and does not have an earnings record to qualify for her own benefit. She is 66 and unmarried, so she would qualify for a benefit based on her ex-spouse’s record.

However, if she were to marry her current partner, she would no longer be eligible for her ex-spousal benefits. If the new spouse was not receiving benefits, she could not claim spousal benefits until he or she filed for benefits. Additionally, if the new partner is not a high wage earner, her “old” benefit based on the ex-spouse may be higher! Some retirees today are actually not remarrying because of the complexity it adds to their retirement and estate planning. And in some cases, there is an actual reduction in benefits by remarrying.

3) Survivor Benefits. If a spouse has already started their Social Security benefits and then passes away, the surviving spouse may continue to receive that amount or their own, whichever is higher. The survivor’s benefit can never be more than what they would receive if the spouse was still alive.

If the deceased spouse had not yet started benefits, the widow or widower can start survivor benefits as early as age 60, but this amount is reduced based on their age (See Chart). Widows or widowers who remarry after they reach age 60 do not have their survivorship eligibility withdrawn or reduced.

One way to look at the survivorship benefit: which ever spouse has the higher earnings history, that benefit will apply for both spouse’s lifetimes. The higher benefit is essentially a joint benefit. For this reason, it may make sense for the higher earner to delay until age 70 to maximize their benefit. If their spouse is younger, is in terrific health, and has a family history of substantial longevity, it may be profitable to think of the benefit in terms of joint lifetimes.

Additionally, Social Security offers a one-time $255 death benefit and also has benefits for survivors who are disabled or have children under age 16 or who are disabled.

The challenge for planning is that none of these three benefits – spousal, ex-spouse, or survivor – are indicated on your Social Security statement. So it is very easy to make a mistake and not apply for a benefit. I like for my clients to send me a copy of their Social Security statements, and I have to say that more than half of the clients I have met don’t understand how these benefits work, even if they are aware that they are eligible.

Social Security Administration: it’s time to fix your statements. You can do better.

Catching Up for Retirement

Mossy Trail
A common rule of thumb is to save 10% of your income each year for retirement. If you started in your 20’s and invested for 30-40 years, this may well be adequate. But if you currently aren’t saving at this level, 10% can seem like a daunting amount. And if you got a late start or had some financial set-backs along the way, you may need to save even more.

What can a late starter do to get caught up on their retirement goals? Here are 5 ideas to help you take positive steps forward.

1) Save half your raise. When you get a raise, before you receive your next paycheck, increase your 401(k) contribution by 50% of the raise. You’ll still see an increase in your paycheck, but have a better chance of keeping the money which is automatically withheld, rather than taking the cash and hoping to have some left over to invest at the end of the year. This strategy works well for careers which have predictable, steady raises.

2) Downsize. If your kids are out of the house, you may not be needing all the space in your current home. By downsizing to a smaller home, you may be able to free up some home equity and invest those proceeds into investments with a potentially higher return. Additionally, a smaller home will have much lower expenses, including utilities, insurance, and property taxes.

If you really want to make a big impact on your finances, you have to look at the big expenses. For someone in their 50’s or 60’s, cutting out a daily latte just isn’t going to make enough of a difference. Many people have an emotional attachment to their home, which is completely understandable. However, if downsizing makes sense for you, you should try to make that change as soon as possible. Your home is one of your largest expenses and you want to make sure that it isn’t holding you back from achieving other important goals.

3) Spousal IRAs. Most people are aware of the catch-up provisions available after age 50 in their 401(k) or 403(b) plans at work, but many couples aren’t aware of their eligibility to fund an IRA for a spouse who doesn’t work or who doesn’t have a retirement plan. For 2014, the IRA contribution limits are $5,500 or $6,500 if over age 50. Here are the rules for some common scenarios:

– If neither spouse is covered by an employer plan at work, then both can contribute to a Traditional IRA and deduct the contribution, with no income restrictions. Both can contribute to an IRA, even if only one spouse works.
– If only one spouse is covered by an employer retirement plan, then the other spouse can contribute to a deductible Traditional IRA, if their joint MAGI is below $181,000 (2014).
– My personal favorite: if either spouse does not have any IRAs, that spouse can contribute to a Back-Door Roth IRA. There are no income restrictions to this strategy.

4) Social Security for divorcees. A common reason why individuals are behind in their retirement saving is divorce. If you were married for at least 10 years, you are eligible for a Social Security benefit based on your ex-spouse’s earnings. Many divorcees are not aware of this because spousal benefits are never listed on your Social Security statement.

The spousal benefit does not impact your ex-spouse in any way and they will not know you are receiving a spousal benefit. You do not have to wait for (or even know if) your ex-spouse has started to receive their benefits. We’ve often found that someone who was out of the workforce to raise a family or had a limited earnings history will have a very small Social Security benefit based on their own earnings and isn’t aware they are eligible for a benefit from a high-earning ex-spouse.

Details: you must be at least 62, unmarried, and the spousal benefit will only apply if greater than your own benefit. To apply, you will need your ex-spouse’s name, date of birth, social security number, beginning/ending dates of marriage, and place of marriage.
See: http://www.ssa.gov/retire2/divspouse.htm

5) Don’t get aggressive. For many investors, the temptation is to try to eke out extra return from their investment portfolio to make up for the fact that they are behind. They take a very aggressive approach or try to day trade. This is very risky and the results can be devastating. Invest appropriately for your risk tolerance, objectives, and time horizon, but stay diversified and don’t gamble your nest egg.