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Alimony - Social Security Benefits

Alimony Basics |  Health Insurance |  Social Security Benefits

Social security benefits and Medicare benefits are funded through FICA, Medicare and self employment taxes. Your social security benefit is based upon either your own earnings record or the earnings of your living or former spouse.

You can check your own earnings record by completing Form 7004 which is available at the Social Security office. Social Security Administration will provide a free status report and an estimate of your projected future benefits. You might find it faster to go directly to the Social Security Administration web site at www.ssa.gov Benefits Based Upon Your Earnings Record

You generally need ten years (40 quarters) of earnings subject to social security taxes to be permanently insured for social security benefits. There are average earnings requirements as well which are best explained by the Social Security Administration.

You must reach Normal Retirement Age to draw full, unreduced benefits. Normal retirement age for those born prior to 1938 is 65. This increases in 2 month increments annually so that those born January 2, 1960 or later have a normal retirement age of 67.

You can receive a reduced amount of social security benefits if you retire before Normal Retirement Age. Early retirement age for retirees and current spouses is age 62. Early retirement is age 60 for widows or widowers unless they are disabled. Benefits are reduced for each month a benefit is paid before Normal Retirement Age. The Social Security Administration can make those calculations for you.

Benefits Based Upon Former Spouse's Earnings

You may be eligible to draw benefits calculated on the work record of your former spouse. An example is when one spouse has not worked outside the home during the marriage and therefore has no earnings record on which to base social security.

Benefits paid to a former spouse on a wage earner's record has no affect on the amount of the wage earner's social security check. It does not matter how many prior spouses are relying upon the wage earner's earnings record. Subsequent spouses will not receive any less in benefits because of a prior spouse's entitlement.

A former spouse may qualify for social security benefits at age 62 or older if their former spouse is presently drawing retirement or disability benefits. If your former spouse is not presently drawing benefits and you are 62 or older, you may qualify for benefits once you have been divorced for at least two years. In both of these examples the former spouses must have been married for ten full years prior to the divorce. The ten years do not need to be consecutive. The right to claim benefits based upon a former spouse's earnings record ends upon your remarriage. You may then have to rely on your own earnings record, which may result in a lower amount of benefits.

Benefits paid to a former spouse are calculated by starting with one half of the full benefit received by the wage earning spouse. Your own retirement benefit is subtracted since you will receive benefits on your own earning history anyway. The amount is further reduced according to your age when you request benefits. You should contact the Social Security Administration for exact percentages payable at certain ages. The maximum amount of this former spouse benefit is 50% of the wage earning spouse's benefit and may be less depending on how old you are when you apply for benefits.

You will not qualify for an additional benefit as a former spouse if your own retirement benefit is equal to or greater than what you would draw as a former spouse. If your own benefits are equal to or greater than your former spouse's, then all of the qualifying rules about the former spouse do not apply to your situation.

Survivor Benefits

An older divorced spouse who was married to a deceased worker for at least ten full years prior to the divorce is eligible to draw survivor benefits on the deceased worker's work record when the surviving spouse reaches the age of 60. The survivor benefits are not available if the surviving spouse remarries, unless the surviving spouse remarries after age 60 (or age 50 if disabled). The Social Security Administration can calculate these benefits. Generally, if you are age 65 or older when your former spouse dies, and if your deceased spouse was drawing benefits at the time of death, you will receive the same amount the deceased spouse was receiving. This will be reduced if you are younger than 65 when you apply for these benefits.

A younger divorced spouse who was divorced from a deceased worker is eligible to draw survivor benefits on the deceased worker's work record if caring for a child younger than 16 or caring for a child who was disabled before age 22 (if that child is also entitled to benefits on the deceased worker's earnings record). The child must be the natural or adopted child of both the deceased worker and the applicant former spouse. Survivor benefits will continue until the youngest child attains 16 years of age or for as long as the child is disabled. There is no minimum age or minimum marriage duration requirement to draw benefits in these circumstances. However, the benefit amount depends on how many others are also drawing benefits on the same earnings record. These survivor benefits can never exceed 75% of the deceased worker's unreduced benefit.

Children's Benefits

The Social Security Administration's definition of a child is very expansive and includes a biological child, step child, adopted child, as well as a grandchild under certain circumstances. Children may be entitled to benefits upon the retirement, death or disability of a parent (or in limited instances grandparent). Generally a child must be under 18, be disabled, or must be a full time student at a primary or secondary educational level between ages 18 and 19. Children's benefit amounts depend on how many others are also drawing benefits on the same earnings record.

Supplemental Security Income

This is a benefit program available through Social Security for those individuals over 65, blind or disabled who have very low income and resources. These benefits may be paid in addition to or instead of other social security benefits.

Medicare Benefits

Medicare benefits are available to workers, their dependents or their survivors. Medicare benefits are available if you are 65 or older and drawing monthly benefits. If you are not eligible for monthly benefits, you can purchase Medicare benefits at age 65. No physical or other examination is necessary to qualify. Medicare benefits are also available if you have drawn social security disability benefits for at least 2 years.

Medicare consists of two parts. Part A (hospitalization) is free if you are entitled to social security benefits. Part B (medical insurance) is paid for by a small monthly premium. Part A pays hospital costs after the deductible is satisfied. Part B pays 80% of approved charges after the annual deductible is satisfied. Medicare pays only "medically necessary expenses". Medicare will not pay for custodial care in either a nursing facility or one's own home.

Work After Retirement

Social security benefits may be partially reduced if you take a job after starting to collect benefits and your earnings are greater than Social Security's yearly allowable limits. Social Security is intended to replace earnings at retirement so individuals who are not really retired will have benefits reduced if they earn too much. Investment and other nonwage income is not counted.

Practical Suggestions

We suggest that you retain certified copies of both your marriage license and divorce decree, as well as all relevant social security numbers. These documents and information will be requested by the Social Security Administration when you apply for benefits. Check with the Social Security Administration 3 months before you reach age 62, January of each year thereafter, 3 months before you reach age 65, and 3 months before you actually plan to retire. Applying for benefits can be a slow process.

Web Sites For Additional Information

Medicare Information

This is a consumer friendly goverment web site where you can learn more about benefits, changes in benefits, and medigap insurance.

Medicare Rights Center

The Medicare Rights Center is a non profit organization that helps older adults and people with disabilities get good affordable health care.

Social Security Administration

The Social Security Administration's web site helps you learn more about the program and how to get specific benefit assistance. The Social Security Calculator is very useful.