Ask Larry

Can an ex spouse decline her portion off ex husbands benefit

Hi. The answer is basically yes. No one is required to apply for Social Security benefits, so an ex-spouse can simply choose not to apply for benefits. Or, if they've already applied, they could either withdraw their application or waive receiving benefits.

However, when an ex-spouse collects divorced spousal benefits, they aren't paid a portion of the worker's benefit. Divorced spousal benefits are paid in addition to the worker's benefit. Therefore, if an ex-wife elected not to claim benefits from her ex-husband's account it would not increase her ex-husband's benefit rate. Nor would it increase the benefit rates of any children, spouses, or other ex-spouse's who are eligible for benefits on the worker's record. Divorced spousal and divorced survivor benefits don't count toward the family maximum benefit (FMB) amount that can be paid monthly from a worker's account, so it doesn't decrease anyone else's benefit rate if there is an ex-spouse who is collecting benefits on their ex's record.

Best, Jerry