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Understanding Form SSA-2: Should You File for Ex-Spousal Benefits?

deemed filing divorce hey marc! spousal benefits Dec 14, 2023

I have a client inquiring about the Form SSA-2. Her question is below:   “I understand there’s a form SSA-2 about collecting on your divorced spouse, that my daughter keeps telling me about. When I applied for Social Security, I did have to put in my information about being married and being divorced, and I believe dates. Is this SSA-2 something different that I should fill out regarding my ex-husband?”

The SSA-2 is the form for spousal (or ex-spousal) benefits.  However, when she filed for retirement benefits (form SSA-1),  deemed filing would have covered her ex-spouse benefit if she was due anything. The Form SSA-2 is specifically used to apply for spousal or ex-spousal benefits. However, since you already provided information about your marriage and divorce when you applied for Social Security retirement benefits (using Form SSA-1), the concept of "deemed filing" would automatically consider any spousal or ex-spousal benefits you might be entitled to.

Here’s what you can do:

  1. Verify with SSA:

    • Call for Confirmation: It might be helpful to call the Social Security Administration (SSA) at 800-772-1213 to confirm whether you are receiving all the benefits you are eligible for, including any ex-spousal benefits. The SSA representative can check your record and advise if there's anything further you need to do.
  2. Deemed Filing:

    • Automatic Consideration: When you applied for your retirement benefits, SSA would have automatically considered any potential spousal or ex-spousal benefits you might be eligible for under the deemed filing rule. This means they should have already determined if you were entitled to receive additional benefits based on your ex-husband’s work record.
  3. Filing the SSA-2:

    • Additional Action: If, after talking to SSA, it seems that you might be entitled to more benefits than you’re currently receiving, they might instruct you to complete Form SSA-2. However, in most cases, the benefits would have been assessed when you first applied.

In summary, the SSA-2 form is related to spousal benefits, but since deemed filing should have addressed this when you applied for retirement benefits, it’s likely that no additional action is needed. To be certain, it’s best to contact SSA directly to review your benefits.

The content on this blog is for informational purposes only and is not legal, financial, or professional advice. Social Security rules change periodically, so some information may become outdated. For the most accurate advice, consult a certified National Social Security Advisor (NSSA®). Social Security Professionals, LLC, and NSSA® are not responsible for any errors, omissions, or actions taken based on this blog's content. Use of this blog does not create a client relationship, and all information is provided "as is" without guarantees. By using this blog, you agree to hold Social Security Professionals, LLC, and NSSA® harmless from any claims or liabilities arising from its content. For personalized guidance, contact an NSSA® professional.

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