Can I Get Survivor Benefits if Our Marriage Record Was Destroyed?

Pricey S.,

I don’t suppose you’re in for any huge surprises. So long as you’re eligible to your late husband’s survivor advantages, you’re allowed to begin survivor advantages, then change to your individual increased Social Safety profit in a while. And even with out the precise marriage license, it’s best to have the ability to show that you simply have been married.

Let’s begin with the primary problem, although. I think that the confusion you’re operating into stems from the truth that the principles have modified for spousal advantages, that are paid to spouses and ex-spouses based mostly on the work document of somebody who’s nonetheless alive.

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Prior to now, married {couples} typically used what was often known as a restricted software. One partner would file an software for spousal advantages solely as early as age 62. Then, they’d change to their very own retirement in a while. This was a preferred solution to maximize advantages as a result of the longer you wait to take Social Safety, the larger your checks will likely be.

However a 2015 regulation ended this technique for anybody born after Jan. 1, 1954. Nevertheless, there are exceptions for spouses who qualify for incapacity advantages or are caring for a kid who’s youthful than 16 or disabled.

The necessary factor to know is that this transformation doesn’t apply to survivor advantages. You’ll be able to declare survivor advantages as early as 60 or age 50 should you’re disabled. Then you’ll be able to change over to your individual profit as early as 62 or as late as age 70 in order for you the utmost profit.

In contrast to retirement advantages, survivor advantages cap out at full retirement age. You’ll get 100% of your late husband’s profit at that time. So that you’ll get the most important Social Safety checks doable by doing what you’re planning.

In the event you don’t need to take my phrase for it, right here’s what Social Safety’s web site says: In the event you’re eligible for each survivor and retirement advantages however haven’t but utilized, “You’ll be able to apply for retirement or survivors advantages now and change to the opposite (increased) profit later.” For all the principles on this subject, try Social Safety’s publication “If You Are the Survivor,” which is available online.

You must also have the ability to doc that your marriage did, the truth is, exist even when it’s a must to soar by just a few extra hoops. I don’t know if Social Safety would have the ability to use the one-time $255 cost you acquired when your husband died as proof. However within the absence of a wedding certificates, you should still have the ability to acquire an authorized copy of your marriage paperwork by contacting the U.S. embassy within the Bahamas.

When official paperwork aren’t out there, Social Safety will even settle for different proof, like witness statements or pictures from the ceremony. You in all probability have proof of the home hearth that you could possibly use as proof of why you don’t have the unique marriage certificates. I’m guessing you’ve different paperwork, like tax returns or property data should you owned a house collectively, that you could possibly use as further proof.

Typically when you’ve an advanced scenario, you gained’t get excellent data by calling Social Safety. There are such a lot of sophisticated guidelines, and it’s not possible for one particular person to have the best reply for each situation. However you’ll be able to typically discover the data you want on Social Safety’s web site, ssa.gov.

Attempt to discover as a lot data as doable earlier than you name. If what you’re instructed conflicts with official Social Safety data, level out the discrepancy. Ask them to refer you to the precise rule they’re citing. It might even be useful to take notes throughout every cellphone name. Doc the time and date of the cellphone name and the identify of the worker you converse with.

Coping with any paperwork could be a headache. But it surely feels like you’ve a sensible technique for maximizing your Social Safety. In the event you do a little bit of prep work, I don’t suppose you’ll encounter any main hurdles in claiming the advantages you’re entitled to.

Robin Hartill is an authorized monetary planner and a senior author at The HE. Ship your difficult cash inquiries to [email protected].