Ask the Expert: Collecting ex-spouse's benefits

When can one collect 100 percent of a deceased spouse's benefit? We're 71 and 70 years old, collecting Social Security since we were 62 and 65. We were married for 21 years, and then legally separated for more than 30 years, and now we're contemplating a divorce. How would that affect our survivors' benefits?

You don't say whether you plan to remarry, but at your ages that doesn't change the answer. After divorce, you'd still qualify for full widow and/or widower's benefits based on each other's work records. No matter who dies first, the survivor will receive the larger of two amounts -- his or her own Social Security benefit, or 100 percent of the decedent's benefit.

Here are the rules:

You can claim a survivor's benefit based on the Social Security record of your deceased ex-spouse if you meet four requirements:

You're at least 60 years old, or 50 years old and disabled

Your marriage to the deceased lasted for at least 10 years

You're not entitled to a higher Social Security benefit based on your own work record

You didn't remarry before you turned 60 (or before you turned 50 if you are disabled)

If you've reached your full retirement age, your survivor's benefit isn't affected by the age at which you first claimed your own Social Security benefit. Starting Social Security early permanently reduces your potential benefit based on your spouse's (or ex-spouse's) record during his or her lifetime. But after reaching your full retirement age, you can claim an unreduced survivor's benefit based on your former spouse's work record after his or her death.

Bottom line If your marriage lasted at least 10 years, you may qualify for a Social Security benefit based on your ex-spouse's work record.

Websites with more information 1.usa.gov/1aAteH8 and 1.usa.gov/17ZJRQh