If I Remarry, When Will I Become Eligible For Spousal Benefits?

Category: 
Dec 15 2016 - 11:45am

I am currently receiving divorced spouse benefits on my ex husband's account. I do not qualify for benefits on my own SSA record. I am planning to remarry. When I do, is there a one year waiting period before I can receive benefits on my new husband's account? (He is FRA and receiving benefits) . For the one year period do I also have to pay my own Medicare premiums?

Hi,

My answer assumes that your prospective husband is receiving retirement benefits on his own record, as opposed to another type of benefit (e.g. widower). In that case, if you remarry, you won't have to wait a year in order to become eligible for spousal benefits on your new husband's record. The fact that you are already drawing divorced spousal benefits is an alternative to the duration of marriage requirement (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300202001).

However, assuming that your ex-husband is living, your divorced spousal benefits will terminate effective with the month of your remarriage (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300202040). And, the first month that you can qualify for spousal benefits on your new husband's record is the first month in which you and he are married throughout an entire month.

So, unless you get married on the 1st day of a month, there will be a 1 month gap in your entitlement. In that event, however, Social Security will withhold 2 months of Medicare premiums from your first check for spousal benefits on your new husband's record, rather than billing you for the month of non-entitlement.

Best, Jerry