I Worked for my Ex-husband but Wasn’t Paid and Now Have little Social Security; What are my options?

Dear Distressed:  We are so sorry to hear of your unfortunate circumstances. Assuming your ex-husband is now collecting Social Security retirement benefits (or is at least eligible to if you are divorced at least 2 years), you should be able to collect an ex-spouse benefit as his former wife. In that case, you would be entitled to receive 50% of the Social Security benefit he was entitled to at his own full retirement age (because he and you were married for over 10 years).

The way that will work is that you would continue to receive your personally-earned $773 monthly Social Security retirement amount earned from other employment, but you would also be entitled to a supplemental “spousal boost” to bring your payment up to half of the SS payment amount your ex-husband is entitled to at his SS full retirement age. In other words, because you were married to your ex for more than 10 years, you are entitled to the same Social Security benefits as though you were still married. That is true, even if he has remarried and his new wife is also getting a spouse benefit from his record. You will still be entitled to an ex-spouse benefit from your ex-husband as his former wife. And if he dies before you, as a surviving ex-spouse you will get the same Social Security benefit he was receiving at his death, instead of the smaller amount your will get while you are both living.

Regarding rejoining the workforce, while you can certainly go back to work at age 73 without it negatively affecting your Social Security benefits, if you are struggling financially, I suggest you visit this website sponsored by the National Council on Aging:  www.benefitscheckup.org. At this website, you can enter your zip code and find much information about other supplemental assistance you may be entitled to where you live, including healthcare and medication assistance, housing, nutritional assistance, etc.

Regarding your question: “Is there anything I can do to prove that I worked 40 years and wasn’t paid?”  Social Security determines benefits based solely on your personal earnings as reported to the Internal Revenue Service (IRS), which is, in turn, dependent on how your joint income taxes were filed over the years you worked in your husband’s business. Social Security is unable to assist you with IRS matters. I’m afraid yours is more of a legal matter you would need to pursue by discussing your situation directly with the IRS or engaging an attorney for assistance.

This article is intended for information purposes only and does not represent legal or financial guidance. It presents the opinions and interpretations of the AMAC Foundation’s staff, trained and accredited by the National Social Security Association (NSSA). NSSA and the AMAC Foundation and its staff are not affiliated with or endorsed by the Social Security Administration or any other governmental entity. To submit a question, visit our website (amacfoundation.org/programs/social-security-advisory) or email us at ssadvisor@amacfoundation.org. Because we are a non-profit organization, all services are free.

(Author note: This is article number 500 in the AMAC Foundation’s “Ask Rusty” series of Social Security articles, which have been published nationwide every week since February 2017.  “Ask Rusty” is provided free of charge as an integral part of the AMAC Foundation’s mission to “support and educate America’s seniors.” If you would like to help the AMAC Foundation fulfill its mission, charitable donations are graciously accepted at amacfoundation.org/donate/).