I went through this exact situation in Connecticut, which also has a waiting period before divorce is final. Social Security definitely uses the date when your divorce became legally final according to state law, not the court appearance date. Since Massachusetts has the 90-day Nisi period and your divorce wasn't final until after that period ended (putting you over 10 years), you should absolutely qualify for ex-spouse benefits. One thing I learned is that different SSA representatives have varying levels of knowledge about state-specific divorce laws, so definitely bring documentation showing both dates clearly. I'd also suggest printing out the relevant section from the Program Operations Manual (POMS GN 00305.135) that others mentioned - it really helps to have the official policy in writing. You're smart to plan this out now before applying. The fact that your ex is already collecting makes the process smoother since there's no waiting period. Good luck with your application!

This is such valuable information for anyone dealing with divorce timing and Social Security benefits! I'm a benefits counselor and see this confusion regularly. The key point everyone has made is absolutely correct - SSA uses the date your divorce became FINAL under your state's law, not the initial court date. For Massachusetts specifically, the 90-day Nisi period means your marriage legally continued until that period ended. This is actually beneficial for people in your situation who are right on the edge of the 10-year requirement. One additional tip: when you apply, ask the representative to document in your file that they verified the marriage duration using the final divorce date per Massachusetts law. This creates a paper trail in case there are any questions later. Also, if you get an initial denial, don't panic - you have appeal rights, and these cases often get overturned on appeal when the proper documentation is reviewed. You're being very smart to research this thoroughly before applying. Having all your documentation ready and understanding the rules puts you in a strong position!

As someone who works in the SSA field offices (though I can't give official advice here), I just wanted to add my voice to confirm what everyone has been saying - there is absolutely NO earnings limit once you reach your Full Retirement Age. This is one of the most frequent questions we get, and I see the confusion all the time. The misinformation seems to spread because people mix up different rules or hear outdated information. But the rule is crystal clear: at FRA and beyond, you can earn any amount without any reduction to your retirement benefits. What I find helpful to tell people is that Congress designed it this way specifically to encourage people to keep working if they want to after reaching FRA. There's no penalty because the policy goal is to support people who choose to remain productive in the workforce. @Elijah Knight - you're making a smart move planning this out in advance. Take that promotion with complete confidence! And definitely set up your MySocialSecurity account if you haven't already - it will make the whole process much smoother when you're ready to file.

This has been such an incredibly thorough and helpful discussion! As someone who's still a few years away from FRA but trying to plan ahead, I really appreciate how everyone has consistently confirmed that there is absolutely NO earnings limit once you reach Full Retirement Age. What strikes me most is how this misinformation seems to spread so easily - like what happened with the original poster hearing conflicting advice from coworkers and family. It's clear that having access to accurate information from people who've actually been through this process (and even someone from SSA field offices!) makes all the difference in planning confidently. The practical tips shared here go way beyond just the basic earnings rule too - things like separate bank accounts for tax tracking, timing salary increases strategically, setting up MySocialSecurity accounts early, and understanding the difference between earnings tests and tax implications. These real-world insights are exactly what you need when making these important decisions. Thanks to everyone who took the time to share their knowledge and experiences. This thread should definitely be saved as a reference for anyone navigating retirement planning while considering continued work after FRA!

I've been working as a benefits specialist for over 15 years and want to emphasize something important that others have touched on - timing is absolutely crucial with SSA dependency cases. The fact that your grandson was living with you and financially dependent on your husband BEFORE he started receiving retirement benefits is key to the dependency provisions under POMS GN 00306.235. When you gather your documentation, make sure to highlight the timeline clearly. You'll want to show that the support relationship was established well before your husband's benefit entitlement date. This distinguishes your case from situations where grandparents try to claim benefits after the fact. Also, don't be discouraged if you encounter initial resistance from SSA staff. These dependency cases for grandchildren are less common, so not every representative is familiar with the specific provisions. If needed, reference POMS GN 00306.235 directly and ask them to review that section. Sometimes having the specific regulation number helps move things along. Best of luck with your case - it sounds like you have a strong foundation with 8 years of guardianship and financial support!

One more tip I'd add is to keep detailed records of all your interactions with SSA throughout this process. Create a simple log with dates, times, names of representatives you spoke with, and what was discussed. This can be really helpful if you need to reference previous conversations or if there are any inconsistencies in the information you receive. Also, consider bringing a trusted friend or family member with you to your in-person appointment - having a second set of ears can be valuable when discussing complex benefit rules. Sometimes they catch important details you might miss while focusing on explaining your situation. The fact that you've been his legal guardians for 8 years and have such strong documentation really puts you in a good position. Wishing you the best of luck with SSA!

As someone who just went through Medicare enrollment myself, I wanted to add that you should also be prepared for the possibility that even after filing the SSA-44, your first few Medicare premium bills might still reflect the higher IRMAA amount based on your 2023 income. The adjustment can take a few months to process, so you might need to pay the higher amount initially and then receive a refund or credit once they approve your life-changing event form. I'd recommend setting aside some extra money in your budget for those first few months just in case, rather than being caught off guard by a higher-than-expected premium. The good news is that once the adjustment goes through, any overpayments you made will be refunded. Just another thing to factor into your retirement planning timeline!

This is such valuable information! I'm in a similar situation planning my retirement and Medicare enrollment, and I had no idea about the SSA-44 form or that Social Security benefits don't count toward IRMAA. Reading through all these responses has been like getting a masterclass in Medicare planning. One question I have - for those who've filed the SSA-44, did you need to provide any specific documentation beyond the retirement letter and final paystub? I'm wondering if there are other forms or proof of income changes that SSA typically requests. Also, has anyone had experience with how they handle the form if you're retiring mid-year versus at year-end? I'm curious if the timing within the year affects how they calculate the adjustment. Thank you all for sharing your experiences - this kind of real-world knowledge is so much more helpful than trying to decipher the official SSA website!

I'm so sorry for your loss, Logan. I went through this exact decision process about 3 years ago and wanted to share what I learned. Based on your numbers, waiting until December 2025 seems like the smart move. With your $80K income, if you applied now (before your FRA year), you'd face the stricter earnings limit of around $22,320 for 2024, meaning you'd be over by about $57,680. That's a reduction of roughly $28,840 in benefits - potentially wiping out most or all of your survivor benefit for the year. Even in your FRA year (2025), you'd still face some withholding until you actually reach FRA in December. But once you hit that December 2025 date, no more earnings limits ever. One thing to consider: you can always apply now and request that benefits start in December 2025 when you reach FRA. This locks in your application date but delays the start of payments until the earnings test no longer applies. Some people find this gives them peace of mind that everything is processed and ready to go. Also, definitely compare your own retirement benefit projection to the survivor benefit amount to make sure you're choosing the optimal strategy. The SSA.gov retirement estimator can help with this. Hang in there - the paperwork and decisions are overwhelming during an already difficult time, but you're asking all the right questions.

I'm really sorry for your loss, Logan. This is such a complex situation and you're smart to think through all the angles before making a decision. From what I've learned helping others navigate this, waiting until your FRA in December 2025 would likely save you thousands of dollars. With your $80K salary, you'd be way over any earnings limit if you start benefits early, and those reductions can really add up. One thing I'd suggest is calling SSA back and asking them to run the exact numbers for your situation - what your survivor benefit would be if you start now versus waiting, and what the earnings test impact would be with your specific income. Sometimes seeing the actual dollar amounts makes the decision clearer. Also keep in mind that survivor benefits are generally not taxable if that's your only income, but with your work income you'll likely owe taxes on a portion of the benefits. That's another factor in the math. The fact that you're keeping your job for health insurance is huge - that removes one of the main reasons people sometimes take benefits early. Ten more months probably feels like forever when you're grieving, but financially it sounds like it would be worth the wait. You might also want to check if your employer offers any grief counseling or financial planning resources through EAP - sometimes they have specialists who understand Social Security rules better than the general financial advisors.