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do i lose widow's benefits if i remarry

by Mr. Darrel Willms IV Published 1 year ago Updated 1 year ago
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Remarriage

Remarriage

Remarriage is a marriage that takes place after a previous marital union has ended, as through divorce or widowhood. Some individuals are more likely to remarry than others; the likelihood can differ based on previous relationship status, level of interest in establishing a new romantic relationship, gender, race, and age among other factors. Those who choose not to remarry may prefer alternative arrangeme…

will not terminate the benefits of a person entitled to aged widow (er)'s benefits. Effective January 1984: Remarriage will not terminate the benefits of a person entitled as a disabled widow (er) or aged or disabled surviving divorced spouse.

A widow(er) is eligible to receive benefits if she or he is at least age 60. If a widow(er) remarries before age 60, she or he forfeits the benefit and, therefore, faces a marriage penalty. Under current law, there is no penalty if the remarriage occurs at 60 years of age or later.

Full Answer

Will a remarriage affect my widow's benefits?

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.

Can a widow claim widow's benefits if her husband dies?

Generally a claimant for widow (er)'s or surviving divorced spouse’s benefits must be unmarried in order to be entitled. Entitlement can begin with the month the subsequent marriage terminated regardless if the marriage ended by death or divorce. Under certain conditions, the remarriage may be disregarded, i.e., deemed not to exist.

When does remarriage of an entitled Widow terminate entitlement?

The remarriage of an entitled widow terminated entitlement unless the marriage was to an individual entitled to widower's, parent's, or childhood disability benefits. The widow's benefits terminated in the same month her husband's entitlement to childhood disability benefits terminated, except when his entitlement was terminated by his death.

What happens to my survivor benefits if I 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.

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Can I still collect my deceased husband's Social Security if I remarry?

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 I remarry if I am a widow?

A widower remarrying or a widow remarrying is legally acceptable, and if the adoption of the kids is one of the objectives, it makes the process easier. For older adults and seniors, remarrying is not a priority, but overall, this should be a mutual decision and should not be done in haste.

How does a second marriage affect Social Security benefits?

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.

How long are you considered a widow?

two yearsRead on to learn more about the qualified widow or widower filing status. Qualifying Widow (or Qualifying Widower) is a filing status that allows you to retain the benefits of the Married Filing Jointly status for two years after the year of your spouse's death.

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.

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 after your spouse dies can you remarry?

There's no rule or timeline when it comes to getting remarried following the death of your spouse. Like grief, the “right time” for everyone is different. For some, it may be a few weeks, and for others, it can be several years. You don't have to stop loving your deceased spouse in order to find love again.

Is a widow considered married or single?

Although there are no additional tax breaks for widows, using the qualifying widow status means your standard deduction will be double the single status amount. Unless you qualify for something else, you'll usually file as single in the year after your spouse dies.

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 ...

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 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.

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.

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.)

Why is pension considered a compensation?

The pension was considered to provide some compensation for the loss of financial support from the spouse. If they then chose to remarry or even cohabit the view was that the new partner would then be responsible for financial support and the pension was not needed.

When did the 1987 pension scheme close?

There are two schemes. The 1987 scheme, which closed to new members in April 2006, did not provide for the pension to continue after remarriage or cohabitation. In 2016 the older scheme was amended to provide for survivors who remarry, cohabit or form a civil partnership on or after 1 April 2015 and were in receipt of the survivor pension ...

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 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.

What was the problem with the reforms to pensions?

Yet the problem was that the changes were not generally retrospective.

When did the Army change its pension rules?

Army. In October 2000 the rules were changed to protect the survivor if the member died as a direct result of service. Those who were already receiving the pension and not remarried would keep the pension. From 1 April 2014 all survivors’ pensions are for life.

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 ...

What happens if my spouse is not alive?

If your spouse or ex is not alive, depending on your age, you could lose eligibility for survivor benefits you might otherwise collect on the record of the deceased. You'll find more information in the "Survivors" and "Divorce" sections of AARP's Social Security Resource Center. Marriage or remarriage also can affect Supplemental Security Income ...

Does marriage affect Social Security?

Marriage or remarriage also can affect Supplemental Security Income (SSI), a benefit for older or disabled people with low incomes that is administered but not financed by Social Security. For example: The recipient's income and assets partially determine the SSI payment.

Can I change my SSI benefit if I marry someone?

Marriage to another SSI recipient will change your benefit amount from an individual rate to a couple's rate.

Does Social Security pay a penalty for marriage?

If we're talking about your retirement benefit, the answer is no. Social Security has no marriage penalty. The monthly retirement payments that you and your prospective spouse get are calculated separately, based on your individual earnings histories, and they don't change when you tie the knot, whether it's your first, second or fifth time.

What is DIC benefit?

DIC is a monthly benefit paid to eligible survivors of certain deceased veterans, including survivors of: Military members who died while on active duty. Veterans whose death was the result of a service-related injury or disease.

How much is DIC monthly?

The monthly tax-free benefit is currently more than $1,300. To be eligible for DIC, the surviving spouse must have been married to a service member who died on active duty or married a veteran whose death was service-connected.

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.

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.

Can a veteran's children get DIC?

The surviving children of a qualifying veteran are also eligible for the DIC benefit if they are unmarried and under 18, or between the ages of 18 and 23 and attending school . Certain adult children who cannot provide for themselves due to physical or mental disabilities also can be entitled to DIC. Some surviving parents may be eligible for the benefit if they meet income limits.

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 ...

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Teachers

NHS

  • Survivor pension for life was introduced for new entrants from 1 April 2008. If last day of service was before 1 April 2008 then the survivor pension is lost on remarriage or cohabitation.
See more on themoneypages.com

Local Government

  • 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.
See more on themoneypages.com

Firefighters

  • In 2017 an order provided that all survivors of firefighters ‘who die or have died, as the result of an injury received without their own default in the execution of their duty, or on journeys reporting for duty or returning home, to continue receiving their survivor benefits in the event of remarriage or formation of a civil partnership on or after 1 April 2015.’ If this change does not apply then the pr…
See more on themoneypages.com

Police

  • There are two schemes. The 1987 scheme, which closed to new members in April 2006, did not provide for the pension to continue after remarriage or cohabitation. In 2016 the older scheme was amended to provide for survivors who remarry, cohabit or form a civil partnership on or after 1 April 2015 and were in receipt of the survivor pension before the date would retain the pensio…
See more on themoneypages.com

Army

  • In October 2000 the rules were changed to protect the survivor if the member died as a direct result of service. Those who were already receiving the pension and not remarried would keep the pension. From 1 April 2014 all survivors’ pensions are for life.
See more on themoneypages.com

Mps

  • From 2005 the survivor pension was to be payable for life if the MP began service after 3 November 2004. It can be seen how complex the pension situation is. Each scheme has different rules. All members and their spouse should seek advice from an experienced Independent Financial Advisor about their pension provision. A good time to do this is when you are reviewin…
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