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how does remarriage affect social security benefits

by Jaclyn Hartmann DDS Published 2 years ago Updated 2 years ago
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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...
  • If your spouse or ex is not alive, depending on your age, you could lose eligibility for survivor benefits you might...

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

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 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.

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.

Does my second wife get Social Security benefits?

Eligible spouses and ex-spouses can receive up to 100 percent of the late beneficiary's monthly Social Security payment, if they have reached full retirement age, or FRA. For people claiming survivor benefits, FRA is currently 66.

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 lose widow's 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. (If you were already getting them, they will stop.)

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 punishment for second marriage?

The punishment for bigamy is imprisonment, of maximum 7 years or fine or in some cases, both. In case the person charged of bigamy has performed the second marriage by concealing the fact of first marriage, then he shall be punished with imprisonment of up to 10 years or fine or both.

Can I stop my ex wife from getting my Social Security?

There's nothing anyone can do to prevent their ex from claiming their Social Security. Even though some divorce decrees specify that one spouse will relinquish their rights to collect the other spouse's benefits, the Social Security Administration says these provisions “are worthless and are never enforced.”

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.

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.

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.

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.

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.

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