What-Benefits.com

can i receive widow's benefits if i remarry

by Tyrel Graham Published 2 years ago Updated 1 year ago
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The current law requires that the widow be unmarried in order to claim widow benefits, unless the marriage occurred after the widow attained age 60. That is, a widow who remarries before age 60 has no claim to the widow benefits (so long as the remarriage remains intact) and therefore faces a marriage penalty.

What are the pros and cons of widow remarriage?

  • This woman and you, both of you are in love with each other?
  • You both are extremely sure that you want this, with each other?
  • You are genuinely attracted to her? She being a widow is not the reason. I mean you ain’t doing this outta sympathy
  • Chances are that she ain’t a virgin? Does this bother you? If not now ,later would it ever worry you?

Can you remarry and still get your widows benefits?

It’s important to note that remarriage does not affect your ability to receive Social Security widow benefits, as long as the remarriage occurred after you turned 60. Can I get Social Security spousal benefits from a deceased ex-spouse? In short, yes, you can get Social Security widow benefits through an ex-spouse in certain situations.

What widows should know before remarrying?

What will be your living arrangements?

  1. Will you live in the other’s home or your own?
  2. Will you both sell your houses (or move from your apartments)? Or will you buy or rent a new dwelling place that is jointly “yours”?
  3. Will you have his or her children (and/or your own) living with you?
  4. Will you use some of the furniture of each mate or buy everything new?

More items...

How long must a widow wait before remarriage?

We recommend the following guidelines for your consideration:

  1. Introduce your prospective spouse to your children as early as possible. Much of any initial negative reaction is because the individuals really do not know each other. ...
  2. The final decision to remarry must be made by both of you. ...
  3. Absorbing young children into a new marriage may be a major source of conflict for both of you.

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Do you lose your survivor benefits if you remarry?

Remarrying after turning 60 (50 if disabled) has no effect on survivor benefits. But if you wed before reaching that age, you lose eligibility for survivor benefits on the prior marriage.

Can a widow remarry and still collect her deceased husband's Social Security?

If you remarry before age 60 (age 50 if you have a disability), you cannot receive benefits as a surviving spouse while you are married. If you remarry after age 60 (age 50 if you have a disability), you will continue to qualify for benefits on your deceased spouse's Social Security record.

Can a second wife collect Social Security?

Yes, you can. Notify the Social Security Administration that you were married more than once and may qualify for benefits on more than one spouse's earnings record.

Can I collect spousal benefits if I remarry?

Can I collect Social Security as a divorced spouse if my ex-spouse remarries? Yes. When it comes to ex-spouse benefits, Social Security doesn't care about the marital status of your former spouse; it only cares about your marital status.

How does a second marriage affect Social Security benefits?

If you remarry between the ages of 50 and 59 — you can't get benefits. Note: If you remarry before you turn 60 and that marriage ends, you may become entitled or re-entitled to benefits on your prior deceased spouse's earnings record.

What is a second wife entitled to?

Your second spouse typically will be able to claim one-third to one-half of the assets covered by your will, even if it says something else. Joint bank or brokerage accounts held with a child will go to that child. Your IRA will go to whomever you've named on the IRA's beneficiary form, leaving your new spouse out.

Who gets Social Security survivor benefits first or second wife?

If you remarry after age 60, you can still receive survivors benefits based on your former spouse's record. However, if your new spouse is also collecting Social Security benefits and you would receive a higher amount based on the new spouse's work record, you will receive the higher amount.

What is the difference between survivor benefits and widow benefits?

It is important to note a key difference between survivor benefits and spousal benefits. Spousal retirement benefits provide a maximum 50% of the other spouse's primary insurance amount (PIA). Alternatively, survivors' benefits are a maximum 100% of the deceased spouse's retirement benefit.

How long does a spouse get survivors benefits?

Widows and widowers Generally, spouses and ex-spouses become eligible for survivor benefits at age 60 — 50 if they are disabled — provided they do not remarry before that age. These benefits are payable for life unless the spouse begins collecting a retirement benefit that is greater than the survivor benefit.

How long do you have to be married to draw your husband's Social Security?

one continuous yearHow long does someone have to be married to collect Social Security spouse benefits? To receive a spouse benefit, you generally must have been married for at least one continuous year to the retired or disabled worker on whose earnings record you are claiming benefits. There are narrow exceptions to the one-year rule.

How old do you have to be to collect survivor benefits?

Widows and widowers can collect survivor benefits when they reach age 60 (50 if they are disabled), or at any age if they are caring for a child of the late spouse who is under 16 or disabled. A divorced ex-spouse who is at least 60 (50 if disabled) can also collect survivor benefits if he or she was married to the deceased for at least 10 years.

Does remarrying after 60 affect survivor benefits?

Remarrying after turning 60 (50 if disabled) has no effect on survivor benefits. But if you wed before reaching that age, you lose eligibility for survivor benefits on the prior marriage. (If you were already getting them, they will stop.)

When do divorced spouses' benefits end?

If you receive divorced spouse’s benefits — Generally, your benefits end if you remarry. Check out if you are divorced for more information. Benefits for a child under age 18 or student ages 18 or 19 — Benefits end if you marry. You can find more information in our page Benefits for Children.

Can I get SSI if I remarry?

If you receive benefits as a widow, divorced widow, widower, or divorced widower You cannot get benefits if you remarry before age 60 or if you are disabled and remarry before age 50.

Can my SSI payment change?

Supplemental Security Income (SSI) payments — your SSI payment amount may change as a result of your new spouse’s income and resources. If you and your spouse both get SSI, your payment amount will change from an individual rate to a couple’s rate.

What is the spousal benefit rate at full retirement age?

Hi Jerry, Your spousal benefit rate at full retirement age (FRA) would actually be 50% of your wife's Primary Insurance Amount (PIA), which is equal to her full retirement age (FRA) retirement benefit amount, even if she's not yet FRA and she'd receive a reduced rate. Also, if your wife is still working both her benefits ...

Can my husband file for spousal benefits if his retirement is suspended?

Based on what you've described, a possible sticking point would be if your husband has already filed for and suspended his own retirement benefits. In that case, he wouldn't be eligible for spousal benefits if his own rate is higher than his potential spousal rate, even if his own benefits are suspended. Best, Larry.

Can I get spousal benefits if my wife's SSDI is 50%?

Even then, you could only be paid a partial spousal benefit equal to the amount that 50% of your wife's SSDI exceeds your full retirement rate. Once you've filed for your own Social Security retirement benefits, that becomes your primary benefit for life even if you suspend your benefits.

Does remarriage affect Social Security?

Hi Lynn, Remarriages occurring after a widow reaches 60, or age 50 if the widow is disabled and eligible for disabled widow's benefits, do not affect the widow's eligibility for widow's benefits on a prior spouse's Social Security account. Therefore, if you're already receiving widow's benefits you must have already reached the age at which a remarriage would not affect your benefits. Best, Larry

Can my husband file for spousal benefits if he has already filed for retirement?

Based on what you've described, a possible sticking point would be if your husband has already filed for and suspended his own retirement benefits. In that case, he wouldn't be eligible for spousal benefits if his own rate is higher than his potential spousal rate, even if his own benefits are suspended. Best, Larry

Do widows receive Social Security if they are disabled?

Thanks, Lynn. Hi Lynn, Remarriages occurring after a widow reaches 60, or age 50 if the widow is disabled and eligible for disabled widow's benefits, do not affect the widow's eligibility for widow's benefits on a prior spouse's Social Security account. Therefore, if you're already receiving widow's benefits you must have already reached ...

Who is Larry Kotlikoff?

Larry Kotlikoff is a Professor of Economics at Boston University and the founder and president of Economic Security Planning, Inc, a company that markets Maximize My Social Security and MaxiFi Planner. Both tools maximize lifetime Social Security benefits. MaxiFi also finds retirement account withdrawal strategies and other ways to lower your ...

Why is there an age restriction on remarriage?

The existence of the age restriction for remarriage seems intended to ensure a well-targeted system— one that disallows widows who have another means of support through marriage. The tradeoff with this goal is the delay or avoidance of marriage.

How much do widows get from Social Security?

If an eligible widow claims benefits at age 60, she will receive a monthly benefit amount equal to 71.5 percent of the deceased husband's primary insurance amount ( PIA ). 7 The widow may choose to defer receipt of benefits until after age 60 and receive a higher monthly benefit. If she defers receipt until the normal retirement age ( NRA ), she will receive a monthly amount equal to 100 percent of the deceased husband's PIA. 8

How does Social Security affect marriage?

First, there is evidence that marriage is positively correlated with health outcomes, life expectancy , and economic well-being (Waite 1995), yet we do not know if Social Security influences the decision of whether or not to be married. Because husbands from low-income families tend to die at younger ages, the widows who are subject to these penalties are most likely to be economically vulnerable. In 1995, for example, the poverty rate of widows aged 65 or older was 19.2 percent. This is in sharp contrast to a 4.2 percent poverty rate for elderly married women ( U.S. Congress 1998). Second, there are efficiency losses if Social Security causes women to bypass opportunities to marry simply because of the penalty implicit in the system. 5 Finally, marriage penalties in Social Security raise equity issues. For example, under current law, Social Security benefits may change purely with a change in legal marital status. If cohabitation is increasingly a substitute for legal marriage among the elderly, it is not clear that a cohabiting couple should receive different Social Security benefits than a legally married couple. As another example, the penalty may be inequitable if knowledge of the marriage penalty implicit in Social Security is not universal.

What is the median value of Social Security benefits?

Table 1 presents the results of these simulations. The median estimated value of Social Security benefits for persons in our analysis group is $101,000. If all persons in this group waited to marry, the median value would be $148,000. For the "typical" person in our group, marriage prior to age 60 leads to the loss of $42,000 in benefits (this is the median difference between the present value amount associated with early marriage and the amount associated with delayed marriage). The median ratio of the present value associated with early marriage to the value associated with delayed marriage is 0.7. Even at the 75th percentile, a widow who marries early will receive only about 80 percent of the amount she could have received and, at the 25th percentile, a widow will receive less than 60 percent of the amount she would have received if she had delayed her marriage.

What is economic theory?

Economic theory suggests that economic incentives play a role in family structure decisions (Becker 1973, 1974). In support of this theory, there is a growing body of evidence that the implicit incentives in government programs affect decisions of whether and when to marry, cohabit, or divorce. Most of this literature focuses on the income tax system or welfare programs like Aid to Families with Dependent Children ( AFDC) and Medicaid. 1 None of this literature focuses on the marriage decisions of the elderly, despite marriage penalties in the Social Security program and the economically vulnerable status of this group.

How old is Lynn from Social Security?

"Lynn is a 57-year-old widow in love. But she fears that getting married soon, as she and her fiancè planned, could cost her a fortune because of the rules that govern Social Security. Government officials acknowledge that she's right. 'At least she's smart enough to check it out ahead of time,' says Leslie Walker, a spokeswoman with the Social Security Administration in San Francisco, 'I just dealt with a couple where she was a teacher and he was a government employee (two groups that generally can't claim Social Security on their own records). They both thought they could get their deceased spouses' benefits. But because they married before age 60, they get nothing.'"

What is a working paper?

Working papers in this series are preliminary materials circulated for review and comment. The views expressed are the authors' and do not necessarily represent the views of the Social Security Administration. The papers have not been cleared for publication and should not be quoted without permission.

When do survivors of a pension plan get their pension back?

Survivors retain pension for life if the member of the scheme left from 1 April 1998. Interestingly this scheme provides discretion to the pension fund administrator to reinstate the pension following remarriage or cohabitation.

When is the best time to change a will?

A good time to do this is when you are reviewing or creating a new will. There may be an option to change to a newer or completely different scheme, and professional advice can help you and your spouse decide what is sensible.

When was the survivor pension changed?

Teachers. The scheme was changed in 2006 to allow the survivor to keep the pension on remarriage and cohabitation. This does not apply to any member of the scheme that retired before 1 January 2007. NHS. Survivor pension for life was introduced for new entrants from 1 April 2008.

Will a widow's pension be paid out?

By Kate Saines in Family, Retirement & Pensions September 26, 2019 0. The law has been pretty harsh on surviving spouses who wish to retain a widow’s pension upon remarriage. But, as Linda Lamb explains, there are some pension schemes which will still pay out. Recently much-needed awareness has been raised on the complicated laws ...

Can you lose your survivor pension if you are on duty?

In 2017 there was an amendment to the older scheme which provides that the survivor pension will not be lost if on duty or travelling to or returning from work. There are two schemes.

Do pensions end when they are informed?

Normally they are only made aware when they are informed that the pension has ended or they are asked to repay the pension paid since remarriage or cohabitation, which can come as a huge shock and cause financial as well as emotional distress.

Do spouses lose pensions when they remarry?

Recently much-needed awareness has been raised on the complicated laws around access to late spouses’ pensions upon remarriage. Issues have been raised around the fact that many spouses and civil partners do not realise they may lose the survivor’s pension on remarriage. Normally they are only made aware when they are informed ...

When will VA remarriage be effective?

The law made changes to the remarriage rules for Dependency and Indemnity Compensation (DIC). Effective Jan. 5, 2021, a veteran's surviving spouse who remarries after the veteran's death will remain eligible for the benefit paid by the VA if the spouse is at least 55 years old. The remarriage must have occurred on or after that date.

Is remarriage legal for surviving spouses?

Remarriage Rules Relaxed for Surviving Spouses Seeking VA Benefits. A little-noticed provision in Public Law 116-315, the National Defense Authorization Act of 2020, makes it easier for surviving spouses to continue receiving Department of Veterans Affairs benefits if they remarry. The law made changes to the remarriage rules for Dependency ...

Can a spouse receive dependency compensation if a veteran dies?

See: Details about the dependency and Indemnity Compensation program. If the spouse remarries after the veteran dies, they can remain eligible for the benefit if the date of remarriage is on or after Dec.

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