Ask Larry

1) If a person turns 60 on 1/28/18 & is currently a widow- Can he still receive widower benefits even if he is still working or does he have to be retired?
2) A woman who was married more than 10 yrs, is now divorced and wants to retire at 67. Can she receive divorced benefits even if her ex-spouse keeps working until 70 or does she have to wait until he starts collecting to receive benefits?

Hi,

Question 1 can't be answered yes or no. If a person qualifies for widow(er)'s benefits prior to full retirement age, their benefits are subject to withholding based on the Social Security earnings test (https://www.ssa.gov/planners/retire/whileworking2.html). In 2018, they would lose $1 of benefits for each $2 that their earnings exceed $17,040. So, whether or not they could draw benefits depends on their benefit rate and level of earnings.

The answer to question 2 is yes, provided that the couple has been divorced for at least 2 years (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html).

Best, Jerry