Recent columns: May 2008 April 2008

The "Ask the Experts" column (originally published in the AARP Bulletin) offers answers to important topics of concern to older Americans. (Note: Recent news or changes in current laws may impact the information previously published in this column.)

Q.	I've been divorced for 14 years and I am not remarried. I recently tried claiming my ex-husband's Social Security when he turned 62, and was told that I can't claim until he files, which he hasn't done. How can I find out when he files? Is there anything I can do to be eligible now?
A.	You may have been misinformed. A divorced wife's benefits are payable regardless of whether her former husband has applied for benefits – provided the wife is at least age 62, was married to her husband for 10 years or more, and has been divorced for at least two years. Needless to say, your ex-husband must be eligible for retirement benefits in order for you to collect. When you apply for your spousal benefit, you will find out whether he is eligible. Something else to consider: If you take benefits when you’re 62, you’ll receive a permanent deduction in benefits for not waiting until your full retirement age.
Q.	I’ve been married to my second husband for 16 years. He recently disappeared and I do not know where he is. If he passed away, will Social Security let me know so that I can start collecting a benefit? If not, what do I need to do?
A.	The Social Security Administration does not send out death notifications to spouses. If your husband is deceased, and his death has been reported to Social Security, his name and Social Security number will be listed in Social Security’s Death Master File. In that case, you can apply for a survivor’s benefit. Conversely, if your husband is working somewhere, the Social Security Administration should have that information on file. Social Security records also will show whether he is eligible for benefits. If he is eligible but hasn’t yet applied for benefits, you can still apply for spousal benefits if you are at least 62. If you want to apply for benefits based on your husband’s work record, you must call Social Security toll-free at 800-772-1213 or visit your local office. You will need your husband’s Social Security number. Social Security offers information on how to access the Death Master File online.
Q.	I was married to my first husband for more than 10 years. We divorced and I’ve been married to my second husband for many years. My first husband passed away recently, and his wages were much higher than my current husband's. Can I take Social Security benefits based on my first husband’s record?
A.	No, not while you’re still married to your current husband. Your marriage would have to end by death, divorce or annulment and you’d have to be at least age 60 to qualify for Social Security benefits based on your first husband’s work record. The rules are slightly different for a divorced ex-spouse than for a divorced, surviving ex-spouse. Divorced wives with living ex-husbands can collect benefits based on his earnings if the marriage lasted at least 10 years, she is single and at least age 62.

—Compiled by Carole Fleck and answered by Stan Hinden & the SSA press office.