Ask Larry

Will I Be Unable To Collect Widow's Benefits From My Second Husband's Social Security Since We Married Before I Reached Age 60?

i was married for 15 years, divorced and remarried at age 50. I keep reading that you forfeit survivor benefit if you remarry before age 60. I am currently married 3 yrs in my second marriage. So does this mean if I become widowed I would not get my 2nd husband survivor benefit when I turn 60.?Is that what they mean by marriage penalty if married before 60 ? My 2nd husband benefit earning is higher than my 1st husbands.

Hi. No. It sounds like you have a misunderstanding about Social Security's regulations. When you remarry prior to age 60 after divorcing a prior spouse, it simply prevents you from being able to collect survivor benefits from your previous spouse's record for as long as your remarriage is continuing. If your second husband dies, you could then potentially qualify for survivor benefits on either of your husband's accounts provided that you meet the other requirements for benefits (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0401.html, https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0403.html).

Best, Jerry

Category: 
Posted: 
Mar 27 2023 - 3:05pm
MaxiFi software running on a laptop
Get What's Yours!
Discover tens of thousands in extra retirement dollars with Maximize My Social Security software!
  • Find your maximized strategy
  • Unlimited what-ifs
  • Step-by-Step filing instructions
  • Our software's lifetime-benefit increase for an illustrative couple earning $65K each and planning to take retirement benefits at 62.

    Results will differ based on your specific case and filing strategy.

Getting Started is Easy
Web-based software. Works on ALL browsers. No download.