Ask Larry

What Would Happen To My Divorced Spousal Benefits If I Remarry?

Hi Larry, I am recently turned 65 years, have been receiving SSDI since 2011. I earn limited income which I keep under the current SGA. Last year I also began receiving Spousal Benefits from a previous marriage that lasted over 10 years. How do Spousal Benefits from a previous marriage figure into what I would receive if I were to get remarried now that I am 65 years of age? And what if my ex-husband passes away before I remarry? Is there any increased benefit to getting married / will I benefit from my new husband's record or actually lose benefits? How long would I have to be married to my new husband to receive Survivors Benefits? I have been doing research and it is all very confusing! I would appreciate all the help you can give me. Thank you~ Risa

Hi Risa. I'll address your questions in order:

1) Since your ex-spouse is apparently still living, your divorced spousal benefits would terminate if you remarry regardless of your age unless your new spouse is receiving one or more of the following types of Social Security benefits: widow(er)'s, mother's, father's, childhood disability, divorced spouse's, or parents benefits.

2) If your ex-spouse dies, you could remain eligible for surviving divorced spousal benefits even if you remarry as long as the new marriage occurs after you reach age 60. Or, if your divorced spousal benefits were already terminated due to a remarriage that occurred after reaching age 60, you could potentially become eligible for surviving divorced spousal benefits in the event of your ex-spouse's death.

3) You could potentially qualify for spousal benefits on your new spouse's account if he is drawing Social Security benefits based on his own work record, but whether or not you'd end up with higher or lower benefits depends on the relative benefit rates involved.

4) You must normally have been married for at least 9 months to be eligible for widow's benefits.

Best, Jerry

Category: 
Posted: 
Nov 8 2021 - 1:21pm
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