Social Security Benefits for Divorced Spouses with Minor Children

I had a gentleman in a class yesterday with this scenario that I want to confirm with you. He is age 62 and will be 63 in Oct – Birthdate is 10/13/1960. He was married for 15 years and has been divorced 3 years. Neither ex-spouse is remarried. Ex-spouse birthday is 06/27/1973. They have four children ages 5,9,15,16. He made $118K but was laid off from his job making last March. He is considering retiring when he turns 63.  His SS benefit was $2,333 at 62, will be $2,488 at age 63. At FRA of 67 it’s projected to be $3,321 and at age 70 $4,118. Will the 4 children be eligible for benefits of half is FRA up to a family maximum? Will his ex-spouse be eligible for ex-spousal benefit at age 50?? There is a family maximum listed on his statement as a survivor benefit of $5,806 but this is not a survivor situation. He has a brother back in NJ who retired at age 63. His is married with 2 minor children and his wife is 47 years old. He said his wife is getting a benefit and so are his 2 kids.  No disability or special circumstances involved. Is that possible – because they have minor children?? I thought spouse had to be 62?

When he begins his Social Security benefits at age 63, his four minor children will be eligible to receive benefits as well. Each child is entitled to 50% of his Primary Insurance Amount (PIA), but the total amount is subject to the family maximum limit. The family maximum listed on his Social Security statement under survivor benefits can be used to estimate the children’s benefits, even though this is not a survivor situation.

The ex-spouse will not be eligible for an ex-spousal benefit until she reaches age 62. However, the custodial parent (whether it’s him or his ex-spouse) will receive the benefits for the children.

Regarding his brother's situation, his brother’s wife is eligible for child-in-care benefits because they have minor children, regardless of her age. A current spouse can receive child-in-care benefits at any age, as long as they are caring for a child under the age of 16 or a disabled child.

This scenario highlights the importance of understanding how Social Security benefits can support minor children and how the rules differ for ex-spouses and current spouses.

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