Q & A
Will my ex-spouse benefits be lower because of my ex-husband’s child?
Complete Question: I talked to the Social Security office about my choices for filing for Social Security benefits and was told that I can get ex-spouse benefits and hold off on getting my own benefits. But my ex-husband is remarried and his current wife and son are also getting benefits off of his record. I’ve heard of the family maximum and with all these people on his record, should I just get my own benefits? At this rate, my ex-spouse benefits are going to be hardly anything.
Answer: Assuming your ex-husband’s current wife and son are his qualifying dependents (and assuming the son is not your dependent), they probably are affected by the family maximum, which reduces their monthly benefits. The actual amount of the family maximum is a formula that is a little too complex to explain here, but in general, it comes out to anywhere between 150% and 180% of the worker’s full benefit amount. To use a simple example, let’s say that your ex-husband’s full benefit amount is $1,000 and the family maximum for them is 150%, or $1,500. This would mean that the dependents (the wife and child) would have to split the amount over $1,000 evenly even if they are entitled to more if there were no family maximum (i.e. $250/month each instead of $500/month).
The good news for you is that Social Security’s family maximum rules do not apply ex-spouse benefits. Therefore, you are not affected by his son’s and current wife’s Social Security benefits on his record. In addition, the same is true for them – your benefits on his record do not affect their family maximum. So regardless of which benefit amount you prefer to take at this time, do not worry about this issue in your situation.
And just in case you are wondering…multiple ex-spouses can receive benefits on someone’s record without affecting the family maximum.