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Just to clarify, a claiming spouse doesn't get half of the ex-spouse's benefits. They get half of whatever is remaining after their own benefits amount. So for example, if she were getting $1,000/mo. (just as an example, I have no idea what she gets) then she would get half of her ex-husband's award -whatever it is. It all depends on what his amount is. If half his amount is more than her amount, she will get something. If it is not more, there is no reason to apply. In this case, there is likely a very good reason to apply.
I don't think she gets anything or qualifies for anything on her own work record.
Hmmm, good point. That's a question for the SS Administration, I would think, to make sure. Hopefully she had some kind of little paycheck job throughout the decades although I think there is a level you have to reach. I once had an in-law through my father's remarriage who never worked a real job. Therefore he couldn't claim social security benefits. He had to claim indigent to get Medicaid benefits. (He wasn't actually indigent so he gamed the system, but that's another story.)
A call to the SS Administration should answer any question about being able to claim the "spousal benefit." I hope I didn't get the OP's hopes up about this. At any rate, it's good info for others who might see it.
Just to clarify, a claiming spouse doesn't get half of the ex-spouse's benefits. They get half of whatever is remaining after their own benefits amount. So for example, if she were getting $1,000/mo. (just as an example, I have no idea what she gets) then she would get half of her ex-husband's award -whatever it is. It all depends on what his amount is. If half his amount is more than her amount, she will get something. If it is not more, there is no reason to apply. In this case, there is likely a very good reason to apply.
For some reason my brain has a difficult time calculating this.
Hypothetical Ex: Her earned benefit is $1000/month; His earned benefit is $3000/month
Does this mean that her benefit would be: $3000(his) - $1000(hers) = $2000 divided by 2 = $1000
Or would it be $1000(hers) + $1000(1/2 of his minus hers) = $2000
I'm not following you. Let's say her ex is getting the current top limit: $3400 -- round number).
She gets half of his amount: $1700. If that amount is more than her amount, his amount will replace hers.
She would only take it if it is MORE than her amount. If it's not more, then why switch? Does that make more sense?
She couldn't remarry or she would lose it. Most people don't remarry so that's probably not an issue.
And like I said, OP's mother may not be able to claim. I don't know. That's a question for the Social Security Administration. They need to see if she can even make a claim based on her own lifelong income.
It's a little more complicated about remarrying, so best to just make sure she goes to SS and finds out why she is not getting half of his amount right now--he seems a high earner.
If she took hers before full retirement age, for example, she would get less than the 50%.
But the description OP gives of her father makes him sound like a high earner, and she should have been getting more all these years.
phoebesmom, she may not qualify because apparently she didn't work much if at all, and may not have the, what is it, 10 quarters to qualify? I'm not a SS employee so I don't know the actual requirements for claiming. Like I said upthread, I hope she worked some paycheck jobs because if she didn't she may not be able to qualify for receiving SS. I certainly hope she can.
A simple call to the SS Admin should clarify this issue. Do they have a record of her working? If so, for how long? Does she qualify to receive benefits (her own, for starters)? Like I said, a simple call.
It would be great if she could make a spousal claim since she "never worked" but WORKED IN THE HOME.
Absolutely. It is a viable option. They were likely married for more than 10 years, so she would definitely qualify.
A hard copy of the divorce decree is required, and in some cases a marriage license/certificate showing the date of the marriage. It's all done by telephone (not in person) with the local Social Security office. I think you can call and ask for a telephone appt. without going into an office. They will tell her how to proceed. I know she lives in CA so any money she might get would have to go straight to renting a room. There are a lot of people in need and renting rooms in California, even couches and floors in California, and charging huge bucks for that. Your mom would need someone to help her find a place. (Scope out the "landlord" to make sure they aren't scamming and aren't terrible people who would treat her badly. It happens.)
Thanks again pathrunner (and thank you to the others for their input)! It is really helping me put things in perspective. Lots to sift through with regards to these matters.
I have been playing telephone tag with her social worker, he needs me to sign a release so that I can speak to him on my mother's behalf. Once that's done, he and I will work together on contacting Social Security about claiming on my father's earnings and the social worker can help my mother obtain her driver's license.
She has a government issued ID, just hasn't renewed her DL.
I know it's been said but I do want to double check that this will in no way affect my father's earnings as that's the last thing he needs right now.
I'm not following you. Let's say her ex is getting the current top limit: $3400 -- round number).
She gets half of his amount: $1700. If that amount is more than her amount, his amount will replace hers.
She would only take it if it is MORE than her amount. If it's not more, then why switch? Does that make more sense?
She couldn't remarry or she would lose it. Most people don't remarry so that's probably not an issue.
And like I said, OP's mother may not be able to claim. I don't know. That's a question for the Social Security Administration. They need to see if she can even make a claim based on her own lifelong income.
O.k., gotcha. That's how I thought it worked. If she had stayed married to him then she would have been able to collect a survivor's benefit which would have been the amount he collects should he die, right?
Can divorced people collect survivor's benefits?
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