If an individual has been divorced for over 10 years and re-marries after age 60. She has been receiving spousal benefits from her ex.
After she re-marries , does she have to wait a year before receiving spousal benefits from her new spouse? Her new spouse has been receiving SS benefits. Is there an exemption, or does she have to wait a year for new spousal benefits, or can she keep her old spousal benefits for a year after her new marriage?

Thanks.

Hi. Not necessarily. There is a one year duration of marriage requirement for spousal benefit eligibility, but there are alternatives to the one year requirement. One of the exceptions is if the newly married spouse was eligible for one of the following types of benefits on the record of a former spouse or a parent in the month prior to the month of their new marriage: spousal, divorced spousal, widow(er), surviving divorced spouse's, parent's, or childhood disability benefits (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0305.html).

Another exception to the one year marriage requirement is if the new spouse is the mother or father of the worker's biological son or daughter. This requirement is met if a live child was born to the newly married couple, even if the child is no longer living.

Therefore, it sounds like the person in your question could potentially qualify for spousal benefits on the account of her new spouse as early as the first full month of their marriage. By the way, though, even if a person is over age 60 when they remarry, if they are receiving divorced spousal benefits on the record of a living ex-spouse then their divorced spousal benefits terminate when they remarry unless their new spouse is also receiving some type of auxiliary of survivor benefit (e.g. divorced spousal, widow(er)).

However, a remarriage occurring after reaching age 60 does not terminate survivor benefit entitlement on the record of a former spouse. A person who's been collecting widow(er) or surviving divorced spousal benefits and remarries after reaching age 60 can potentially be paid the higher of their survivor benefit rate or their spousal rate on the record of their new spouse.

Best, Jerry