Welcome to a special milestone episode of Retire with Ryan! In this 250th episode, we’re digging into one of the most frequently asked topics by listeners: Social Security. I answer four real-life listener questions about Social Security benefits - covering issues such as survivor benefits after divorce, spousal and ex-spousal benefit eligibility, changes to the Windfall Elimination Provision and Government Pension Offset, and rules for collecting benefits based on a former spouse’s record.
I’m breaking down complex Social Security rules in an easy-to-understand way and sharing practical advice for retirees and those planning their dream retirement.
[0:00] Access your free copy of my e-book Fiduciary at www.retirewithryan.com
[5:34] Divorced spouses have options for Social Security benefits based on age, remarriage status, and whether claiming their own or an ex-spouse's benefits
[6:58] Earnings above $23,400 (ages 62 to full retirement) reduce Social Security benefits by $1 for every $2 over the limit. After reaching full retirement age, the reduction is $1 for every $3 over $62,160.
[10:07] If your ex-spouse dies before you file, you can use a restricted application, but ex-spousal benefits don't earn delayed credits. Wait until age 70 for a higher personal benefit.
[14:38] The ten-year requirement for an ex-surviving spouse currently still stands unless
[15:54] If you have recently divorced and your spouse hasn't claimed benefits, then you have to wait two years until you can begin collecting benefits from your ex-spouse
A question from Andrea regarding her mother’s eligibility for survivor benefits after her father and his second wife passed away highlights the intricacies many face. The Social Security Administration (SSA) does provide certain protections for divorced spouses, but eligibility hinges on specific criteria:
Marriage Duration: To claim an ex-spousal survivor benefit, the marriage must have lasted at least 10 years.
Remarriage Restrictions: If remarriage occurs after the age of 60 (or 50 if the survivor is disabled), the survivor can still claim benefits from the former spouse. Earlier remarriage generally directs benefits to the new spouse.
Age Requirements: Survivors can claim benefits as early as age 60 (or 50 if disabled), but waiting until reaching “full retirement age” (typically 67) means collecting the full survivor benefit (100% of the deceased’s benefit). Early claims result in reduced monthly amounts.
Earnings Limits: If a recipient claims before full retirement age and continues working, their benefits may be reduced if their income exceeds the annual limit ($23,400 in 2025).
Survivor benefits application can’t be completed online, applicants must call or visit their local SSA office.
Stephanie, a divorced listener, asked if she could claim a spousal benefit and later switch to her own higher benefit. This is a common idea, but it is rarely permitted in practice today.
No “Restricted Application” Unless Widowed: Generally, ex-spouses can only claim the higher of their benefit or up to 50% of their ex-spouse’s benefit if the ex is alive. The “restricted application” (where you claim one benefit first and then switch later) is only available to widows or widowers, not to those whose ex-spouses are still living.
Delaying for More: Your benefits do grow (8% per year between full retirement age and 70). However, survivor and spousal benefits don’t accrue these “delayed retirement credits”; there’s no advantage to waiting past full retirement age to claim them.
Earnings Matter: Like survivor benefits, earnings above the income limits before full retirement age can result in reductions.
Recent legislative updates, like the Social Security Fairness Act, have had a profound impact, especially for those affected by the Windfall Elimination Provision (WEP) or Government Pension Offset (GPO). Retirees such as teachers, firefighters, and some government workers previously saw reductions in their Social Security due to pensions received from non-Social Security-taxed jobs.
The Key Change is that WEP/GPO was repealed, and anyone affected can now claim full Social Security benefits. Most should already see retroactive and increased monthly payments. If you’ve not yet applied, check if you now qualify, the hurdles may have vanished!
Donna’s inquiry emphasizes a lesser-known rule: If the divorce is recent and the ex-spouse hasn’t claimed benefits, one must wait two years to claim on the ex’s record unless the ex starts claiming earlier. For divorces older than two years, you can generally proceed without waiting. Those under full retirement age must ensure their income doesn’t result in reduced payments.
Social Security remains complex, especially during life events such as divorce, remarriage, death, or career changes. The rules can and do change, and representatives aren’t infallible. If you suspect your situation is unique or you’ve been misinformed, it pays to contact the SSA or consult a trusted financial advisor.
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How the Social Security Fairness Act Could Positively Impact Your Retirement, #236
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