Most mornings, I sit down at my computer and open my emails. I find many of the same questions I’ve answered hundreds, if not thousands, of times over the 25 years I’ve been writing this column. And even though it’s “deja vu all over again,” I don’t mind answering those questions because I know that not everyone has memorized all my past columns and these queries are coming from folks now facing some Social Security issues or decisions in their lives.
But for some reason, this morning’s batch of emails was different. They still were questions I’ve dealt with in the past. (I don’t think there is a single Social Security question I have never been asked.) Still, they were not the common questions I’m asked over and over again, so I thought I'd put them in today’s column.
Q: I am a bit of an amateur genealogist. I want to create a family tree and I’m trying to get whatever information I can about several deceased relatives. I know I might be able to get a little information from their Social Security records. How do I go about doing this?
A: The most easily obtainable Social Security record you can get is a copy of the deceased person’s Social Security number application card. That card lists the deceased’s name, date, place of birth, and parents’ names. Just do a Google search for “Social Security form SSA-711.” That’s the form you use to get a copy of that SSN application card. The usual fee for this service is $30. And I’m sure you’re also checking out online sites like Ancestry.com.
Q: I was married to a man for 28 years. It was a troubled marriage. We divorced about 10 years ago. During most of that marriage, I was a stay-at-home wife and mother. All the children from that marriage are grown. About three years ago, I met the most wonderful man and we got married. But one complication is that he is living in this country illegally. He is working and paying taxes. (I’m not really sure how that works.) Will I ever be able to get any benefits from my first husband’s Social Security? Will I get anything from my second husband’s Social Security?
A: As long as you are married to husband No. 2, you can’t get any Social Security from husband No. 1. And because husband No. 2 is an undocumented immigrant, he won’t be able to get any Social Security—even though he is somehow paying into the system. And that means you can’t get any spousal benefits on his record. But if your marriage to husband No. 2 ends, you could go back and get benefits from No. 1. Or if you happen to have enough credits on your own record, you could get a small retirement benefit. You would need a minimum of 10 years of work to qualify for your own Social Security.
Q: In a recent column, you answered a question from a divorced wife who was wondering if she could get the “bump up” in Social Security benefits even though her prior husband, who was also at full retirement age, was planning on deferring his benefits until he was 70.
You said that she should file her claim because the law says a divorced woman can file for benefits on an ex-husband’s record even if he is not collecting benefits—although the ex would have to be at least age 62.
Well, my wife and I are both at full retirement age. She filed her claim this past year, and I am deferring my benefits until age 70. When I questioned the Social Security clerk about why my wife did not receive the bump up to half of my FRA benefit, which is significant, we were told that my wife could not get the bump up until I began to receive benefits. So is this another “marriage penalty?”
A: It’s not a “marriage penalty” per se. There is a reason why the rules are different for divorced women and married women.
It all comes down to the issue of dependency. The law requires a woman to be financially dependent on her husband’s Social Security in order to be eligible for spousal benefits on his record. If a woman is still married to her husband, and if he’s still working and not getting Social Security, it’s assumed that his income is being used to support her and therefore, she doesn’t need his Social Security spousal benefit until he applies for benefits himself.
But the law can’t make that assumption for a divorced woman. It can’t be assumed that she is being supported by her ex’s current income. So that’s why she is able to collect his Social Security even if he hasn’t yet filed for benefits himself.
Q: I am a recent widow. My husband died in October 2022. I am 47 years old. We were married for 25 years. I was told I would have to wait until I am 60 years old to collect his Social Security. Yet I know another widow who is 10 years younger than me, and she gets a Social Security check for herself and her children. Why is this?
A: The law just assumes that a widow under age 60 ought to be able to work and support herself and not rely on the Social Security system for her livelihood. However, there is an exception for younger widows who are caring for small children. A widow with minor children of the deceased in her care can get benefits at any age. She would collect those benefits until the youngest child reaches age 16 (although the children continue to get survivor benefits until age 18).
In your case, once you reach age 60, you could file for widow’s benefits then—if you’re not working. If you are working, you‘d have to wait until you stop working or reach full retirement age, whichever comes first, to file for benefits. And when that happens, you’ll have several options. Just as one example: You could file for widow’s benefits at your full retirement age, and then at 70, switch to about 128 percent of your own retirement benefit.
