Social Security’s privacy laws are a topic I’ve covered in past columns. But I can tell from my emails that it’s time I do so again.
I recall my days as a trainee with the Social Security Administration. And gosh, that was more than 50 years ago now! The very first thing drilled into our heads was that a law called the Privacy Act prevented us from disclosing any information about anyone’s Social Security record to anyone else other than the record holder himself or herself.
Almost all Americans agree that the law makes sense. You certainly don’t want the government sharing earnings or benefit information from your Social Security files with other people. And “other people” means everyone—including spouses and other family members. This isn’t too much of an issue for most families and for most married couples. For example, I know what my wife’s Social Security benefit is, and she knows what I am getting. That’s because we share that information with each other.
But if we weren’t that kind of a sharing couple, I would not be able to call the SSA to find out what she is getting, and she would not be able to call the SSA to find out what I am getting. The government, or at least the Social Security Administration, is very strict about upholding these privacy laws.
And that can sometimes lead to problems when people are trying to get Social Security information about a family member or spouse for legitimate reasons. Today’s emails provide examples of this.
Because your ex was a doctor, let’s assume he probably paid the maximum amount into Social Security all his life, meaning he will likely qualify for a very high monthly Social Security benefit. That rate is currently in the $3,800 range. At age 62, you'd be due about one-third of that, or about $1,250 per month. If you wait until your full retirement age to file, then you would get a 50 percent rate, or $1,900.
But you should be able to get precise figures from the Social Security Administration. You said you tried and were told they couldn’t share that information with you. I’m afraid you talked to a bit of an overzealous Social Security rep who is taking the laws about privacy of Social Security records a little too literally.
I suggest you call them back and hope you get a more informed and reliable representative. He or she will NOT be able to tell you if your husband has applied for Security benefits or how much he is getting (or what he is potentially due). But the rep can tell you how much you would be eligible for on his account.
There is a chance you may have to do this in person at your local Social Security office. And that’s because, technically, to get that information, you’re going to have to prove to the SSA that you are who you say you are and that you are potentially due divorced wife’s benefits on his account. So, you will need your own ID, and you will have to show them a marriage certificate and divorce papers. And, of course, it will greatly help if you have your ex’s Social Security number.
Finally, one other thing you should know: A divorced woman can file for spousal benefits even if her ex hasn’t yet filed himself. If you decide you want to take spousal benefits now, then file a claim right away.