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does remarriage affect social security benefits

by Prof. Connie Ebert Published 2 years ago Updated 2 years ago
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Remarriage at any time makes the widow potentially eligible for spouse benefits on her new husband's work record, so marriage is unlikely to leave a woman ineligible for Social Security.

Does getting remarried affect Social Security benefits?

Remarriage at any time makes the widow potentially eligible for spouse benefits on her new husband's work record, so marriage is unlikely to leave a woman ineligible for Social Security. However, spouse benefits may be less generous than widow benefits for two reasons.

Will remarrying affect my Social Security benefits?

Many divorced or widowed seniors receive Social Security from their former spouses, and remarriage can affect benefits. If you are divorced after at least 10 years of marriage, you can collect retirement benefits on your former spouse's Social Security record if you are at least age 62 and if your former spouse is entitled to or receiving benefits.

How does marriage affect Social Security benefits?

Yes, only if you meet the following social security spousal eligibility criteria:

  • your ex-partner is eligible for social security benefits or unemployed benefits
  • your marriage was at least ten years
  • you’re at least 62 years
  • you are not married
  • Your work record benefit is lower than your ex’s record benefits.

How does divorce affect your Social Security benefits?

  • Your marriage was 10 years or longer
  • Your ex-spouse has not remarried and is older than 62
  • Your ex-spouse will receive the higher benefit based on their work history and your work history
  • You are qualified to receive Social Security retirement or disability benefits
  • If your ex-spouse has passed away, you may be able to receive the survivor benefit

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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.

Do I lose my Social Security benefits if I remarry?

Will remarrying reduce my Social Security benefits? If we're talking about your retirement benefit, the answer is no. Social Security has no marriage penalty.

Can I get half of my ex husband's Social Security if I remarry?

If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if: Your marriage lasted 10 years or longer. Your ex-spouse is unmarried. Your ex-spouse is age 62 or older.

How does divorce and remarriage affect Social Security benefits?

In general, you can't receive survivors benefits if you remarry before the age of 60 unless the latter marriage ends, whether by death, divorce, or annulment. If you remarry after age 60 (50 if disabled), you can still collect benefits on your former spouse's record.

Will I lose my ex husband's retirement if I remarry?

You cannot claim divorced-spouse benefits tied to a living former mate if you are married. If you began drawing such ex-spousal benefits when you were single but then remarry, those payments will be terminated (except as noted below). You are required to report changes in marital status to Social Security.

Do I have to report marriage to Social Security?

Change of Marital Status - Marriage, divorce, and annulment of marriage. You must report marriage even if you believe that an exception applies. You return to work (as an employee or self- employed) regardless of amount of earnings.

What is the marriage penalty for Social Security?

Social Security & You: There is no marriage penalty with social security.

How many years do you have to be married to claim spouses 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.

Is an ex wife considered a surviving spouse?

Who Qualifies for Surviving Divorced Spouse Benefits? If your former spouse has died, you may be entitled to Social Security survivor benefits as a former spouse if you meet the following requirements: Your marriage lasted at least ten years. You're at least 60 years old, or 50 if disabled.

Will I lose my benefits if I get married?

Generally, your benefits end if you remarry. Benefits end if you marry. For more information, call us at 1-800-772-1213 (TTY 1-800-325-0778), 8:00 am – 7:00 pm, Monday through Friday; or contact your local Social Security office.

Can my ex wife claim my pension if I remarry?

If one of you remarriages, however, they are barred from making certain financial claims against the ex-spouse. This is known as the 'remarriage trap' and does have its limitations: it can bar the remarried party from claiming property, income, or savings but doesn't extend to pensions.

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 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.

Can I lose my Social Security if I get divorced?

But remarriage can affect other kinds of Social Security benefits: If you are divorced and collecting ex-spousal benefits on the work record of a former husband or wife, you lose them if you get hitched again, except in very limited circumstances. If your spouse or ex is not alive, depending on your age, you could lose eligibility ...

Can I collect spousal and retirement benefits?

You can't collect both a retirement benefit and a spousal benefit in full. If you qualify for two Social Security benefits, you get a payment equal to the higher one. Published February 7, 2020.

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.

When does spousal benefit take effect?

Instead, you'll have spousal benefit eligibility from your new spouse, which typically takes effect after a year of marriage. Photo: epSos.de. The rules for survivor benefits are different and more generous.

How long do you have to be married to receive survivors benefits?

If your ex-spouse dies, then you'll be eligible for survivor benefits so long as you were married for at least 10 years and remain single.

How to avoid tripping over Social Security?

To avoid tripping over some of the pitfalls in the Social Security rules, you need to understand the basics of how the federal program treats divorced and remarried beneficiaries. Let's look at some of the most important elements anyone should keep in mind when their marital status changes. 1.

Is Social Security complicated?

Social Security is a complicated program, with twists and turns in its rules that can trip people up even in the simplest of circumstances. For those who have gone through divorce or are remarrying, it can be even tougher to navigate Social Security's guidelines to prevent putting hard-earned retirement benefits at risk.

What happens if a widow remarries?

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. The Social Security rules on remarriage have changed over time.

When did the remarriage rule become effective?

Vertical lines denote the year in which the current remarriage rule passed into law (December 1977) and became effective (January 1979). For the 60- to 70-year-olds, we show a decrease in the marriage rate following the 1977 passage of the law.

How old do widows have to be to remarry?

Each widow has a financial benefit of waiting until she is 60 years old to remarry, which is the difference in the present discounted values of the Social Security benefits for marrying later and marrying now. This benefit is positive unless the probability of the new spouse dying is very high.

How long does it take to get Social Security if you are 60?

This leaves her ineligible for Social Security benefits for the first 24 months after attaining age 60. Assume that she files for the spouse benefit from her second husband's record at age 62.

What is the role of economic incentives in family structure?

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.

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.'"

When can a widow claim survivor benefits?

For example, widows may claim survivor benefits as early as age 60, two years before they can claim their retired-worker benefits. Also, Social Security rules allow a fully insured widow to claim a reduced widow benefit before the NRA and then switch to a full retired-worker benefit at the NRA (if it is higher).

When do you get your Social Security benefits if you remarry?

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. Your benefits begin the first month in which the subsequent marriage ended if all entitlement requirements are met.

Does remarriage affect Social Security?

406.1 Does the remarriage of a widow (er) or surviving divorced wife or husband affect widow (er)'s benefits? Your remarriage after age 60 does not prevent you from becoming entitled to benefits on your prior deceased spouse's Social Security earnings record.

Can I remarry after 50?

Your remarriage occurs after you become disabled. NOTE: If you remarry before you turn 50, you will not be entitled to survivor's benefits, unless the marriage ends. Entitlement is not affected if you enter into a same-sex marriage or union. The Social Security Administration does not recognize the marriage for benefit purposes.

Can I get survivor benefits if I remarry?

If you remarry before age 60, you will not be entitled to survivor's benefits, unless: Your subsequent marriage ends, whether by death, divorce, or annulment; or. Your marriage occurred after age 50 and you were entitled to benefits as a disabled widow (er) or disabled surviving divorced spouse.

What is the effect of remarriage on entitlement?

The effect of remarriage on entitlement is governed by: whether the claimant is a widow (er) (including a disabled widow (er) or surviving divorced spouse); whether the claimant is entitled or not entitled at the time of marriage. Generally a claimant for widow (er)'s or surviving divorced spouse’s benefits must be unmarried in order ...

What is a void remarriage policy?

C. Policy - effect of a void remarriage. A remarriage which is absolutely void does not preclude entitlement to widow (er)'s benefits except where such remarriage constitutes a putative marriage in Louisiana.

What age can a disabled widow be divorced?

Disabled widow (er)'s and disabled surviving divorced spouse. Disregard the remarriage of a claimant at least age 50 but not age 60 applying as a disabled widow (er) or disabled surviving divorced spouse if: he/she was disabled at the time of the remarriage.

When is disabled widow's disability disregarded?

files for disabled widow (er)'s or disabled surviving divorced spouse’s benefits after attaining age 60 will be disregarded if the claimant was entitled to disabled widow (er)'s or disabled surviving divorced spouse’s benefits at the time of the remarriage. 2. Widow (er)'s and surviving divorced spouse.

Can a widow claim a divorced spouse?

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.

Does remarriage affect entitlement?

A remarriage which is a putative marriage in any of the other States mentioned below will not affect entitlement. (For definition of putative marriage in Arizona, California, Colorado, Illinois, Louisiana, and Minnesota, see GN 00305.085 .)

Does remarrying a widow terminate the benefits?

Remarriage 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.

Does remarrying affect your divorce benefits?

Effect of Remarriage on Divorced Spouse Benefits. With regard to divorced spouse benefits, such benefits will end if you marry someone else (i.e., somebody other than the former spouse on whose work record you are currently collecting benefits).

Can I get widower benefits if I am unmarried?

One of the requirements to receive widow (er) benefits is that you must be unmarried. There are, however, three cases in which you can be married (i.e., to a new spouse) and still receive a widow (er) benefit on your deceased spouse’s work record: You remarried after you became 60 years old.

Can I get Social Security if my spouse is divorced?

There is one exception, however: If your new spouse is currently receiving Social Security benefits as a wife, husband, widow, widower, father, mother, parent, or disabled child (i.e., a benefit other than a retirement benefit), you can continue receiving divorced spouse benefits based on your ex-spouse’s work record.

Can you get spousal benefits on your ex spouse's work record?

That is, neither one has a retirement benefit, and therefore neither one can receive any spousal benefits on the other one’s work record. Because of the exception described above, however, both Anna and Burt can continue receiving spousal benefits on their ex-spouses’ work records.

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