Do You Lose Your Divorced Spousal Benefits If You Marry Someone Who Isn't Drawing Social Security Benefits?

Jan 10 2019 - 7:01am

I've been doing some SS consulting for friends (pro bono) and recently helped a number of divorced people collect spousal benefits on their ex spouse (restricted application). I was under the impression that if you re-married you would lose those divorced spousal benefits. Now I read that if your new spouse is collecting on someone else's record that you can keep your divorced spousal benefits. That seems odd to me. What happens if your new spouse say is 68 and hasn't started collecting their retirement benefits as of yet and is not collecting on anyone else's record. do you then lose your divorced spousal benefits?
Thanks for your help, loved your book.

Hi,

Yes. The exception that allows a divorced spouse to continue eligibility for divorced spousal benefits in the event of a remarriage only applies if the new spouse is also drawing certain types of Social Security survivor or auxiliary benefits (i.e. widow(er)'s, mother's, father's, disabled adult child's, divorced spouse's, or parents benefits).

I should clarify, though, that eligibility for surviving divorced spousal benefits does not end because of a marriage that occurs at age 60 or later.

Best, Jerry