How can my re-married wife receive spousal benefits? She is 66 and still working, I am 67 and am already retired and I am receiving Social Security. We were married for 39 years then we divorced. Last year we remarried. Last month my wife applied for SS spousal benefits, she wants to continue working till age 70 and then apply for her own SS benefits.
She was told she did not qualify because she and I have not been married for at least one year. Does not the 39 year-long first marriage qualify her for spousal benefits no matter what the duration of our current marriage?
Hi,
It sounds like your wife should qualify for spousal benefits effective with the first full month of your remarriage. There is an alternative to the 1-year marriage requirement for spouses who were entitled OR POTENTIALLY ENTITLED to divorced spousal benefits in the month prior to the month of their marriage (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300202001). Since it sounds like your wife met all of the requirements to qualify for divorced spousal benefits immediately prior to your remarriage, she should qualify for spousal benefits effective with the first full month of your remarriage.
Depending on when your wife turned age 66 in relation to your month of marriage, it could potentially be optimal for her to initially claim benefits as a divorced spouse. For example, say Jane qualifies for divorced spousal benefits and turns age 66 on January 15 2018. Jane remarries her former husband on February 15 2018. If Jane filed today, she could claim divorced spousal benefits effective with January 2018. Her benefits would then be suspended for February because she remarried, but her benefits would resume as a spouse effective with March 2018 (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300202010#c2).
You and your wife may want to use our maximization software to be sure that you choose the best possible strategy before filing, but if Social Security again tells you that your wife doesn't qualify she can go ahead and insist on filing. It may also help to direct them to the third bullet of section B in POMS RS00202.001. POMS is Social Security's operations manual.
Best, Jerry
