Effect of Remarriage-Widow(er)'s Benefits

406. Effect of Remarriage-Widow(er)'s Benefits

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.

406.2 Does the remarriage of a disabled widow(er) or surviving divorced wife or husband affect widow(er)'s benefits?

Your remarriage does not prevent you from becoming entitled to benefits on your prior deceased spouse's Social Security earnings records as long as:

  1. Your remarriage occurs after you turn 50; and

  2. 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.

406.3 How does remarriage of a widow(er) or a surviving divorced wife or husband before age 60 affect widow(er)'s benefits?

If you remarry before age 60, you will not be entitled to survivor's benefits, unless:

  1. Your subsequent marriage ends, whether by death, divorce, or annulment; or

  2. Your marriage occurred after age 50 and you were entitled to benefits as a disabled widow(er) or disabled surviving divorced spouse.

406.4 How does the termination of a remarriage of a widow(er) or surviving divorced wife or husband before age 60 affect widow(er)'s benefits?

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. If the remarriage was absolutely void or was annulled from the beginning, see §1853.

Last Revised: Mar. 12, 2009

Comments

widow benefits

March 5, 2009 by Guest

will l lose my survivor benefits if i get married again and how will they know?

Survivor benefits and re-marriage

March 7, 2009 by David Luhman

Remarriage affects survivors benefits. In general, you cannot receive survivors benefits if you remarry before the age of 60 unless the latter marriage ends, whether by death, divorce, or annulment.

See here for details : http://www.ssa.gov/ww&os2.htm

Copy of award letter

March 13, 2010 by wrhodes1154

PLEASE SEND ME A COPY OF MY REWARD LETTER FOR SPOUSES BENEFITS THAT I RECIEVED IN THE MAIL .IT IS THE NOTICE OF REWARD LETTER . NEED IT BADLY. WANDA R AND MY DECEASED SPOUSE WAS JIMMY J R. THANKS I LOST PART OF THE PAPERS.

Copy of award letter

March 14, 2010 by David Luhman

Please note we are not affiliated with the government agency. Contact the SSA directly for this.

You may wish to request a "Proof of Income" letter. This letter verifies your Social Security benefit information. (Includes Medicare and SSI.)

You can obtain this Proof of Income letter online here :

http://www.ssa.gov/onlineservices/

Survivor later marriage & divorce under age 50

April 13, 2010 by Guest

married for over 10 years, divorced, first ex spouse died after divorce. Remarried and divorced all under age 50. So, since the remarrige was under age 50, I am not entitled to anything from the first decease spouse?

Survivor benefits for widow(er) who remarries before age 50

April 13, 2010 by David Luhman

Generally, you cannot get widow’s or widower's benefits if you remarry before age 60.

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_adp.php?p_fa...

It's possible you may qualify for benefits based on the work record of your divorced spouse if you :

  • were married to the former spouse for at least 10 years;
  • are at least age 62 years old;
  • are unmarried;
  • are not entitled to a higher Social Security benefit on his or her own record.

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_adp.php?p_fa...

Please check with SSA if you have questions about your specific case.

First Marriage 10 yrs, Second Marrige 13 yrs

September 16, 2010 by Guest

I was married to my first husband for ten years and my second husband for 13 years. My first husband made more money. I am 50 years old and have divorced both. Will I be entitled to my first husband's benefits when I retire?

Which benefit payment when married twice

September 16, 2010 by David Luhman

You'll need to contact SSA directly for this. I have not seen a definitive answer for this.

On the one hand, SSA generally pays the highest "applicable" benefit. But I can see the possibility that the second marriage "wiped out" the effect of the first marriage.

Please contact SSA to confirm.

actual social security hopping

October 3, 2010 by Guest

This is just a comment I have to make where I feel Social Security has gone wrong and needs to be corrected if we still want to see Social Security solvent:
Divorced Spousal Benefits - Social Security allows divorced spouses to collect from their former 1st, 2nd, 3rd, or ?? spouse, whoever has the greater benefit for that divorced spouse seeking social security. Now, if the former spouse had remarried then that spouse will be able to collect on him also, making 2 collecting the higher amount on that one former spouse. In essence, 2 or 3 women depending on how many times he was married (for 10 years or longer) and divorced can collect off one man even if they were married to someone else, as long as they are divorced from that latter spouse just for a higher benefit.
Seriously, I think that rules need to be changed so some of this money can be saved. Social Security is in trouble and maybe some of these crazy rules should be looked at!

Widowed at 45

November 7, 2010 by Guest

Widowed at 45 would like to remarry at 52 but don't want to lose late husband's benefits which will be substantially higher than my own work benefits or my new spouse's benefits. Would like to use my late husband's higher benefits to help pay off college loans from three children. Any options other than remarrying at 52 and divorcing before 60 and remarrying the same man after 60? Or is that not allowed?

Remarriage before age 60 and survivor benefits

November 7, 2010 by David Luhman

It sounds like your proposal (remarriage now, then divorce before 60) may lead to survivor benefits on your first husband's record. From http://www.ssa.gov/ww&os2.htm :

In general, you cannot 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.

However, the subsequent remarriage to the later husband would be suspect. I can't recommend it without further research.

Here's a report which you may find helpful for this :

http://www.ssa.gov/policy/docs/workingpapers/wp89.pdf

I am a second wife of a

November 9, 2010 by Guest

I am a second wife of a deceased person that was paid in. He was married for 2 years prior to our marriage, Our marriage lasted over ten years, am I entitled to his benifits?

Survivor benefits for second wife

November 9, 2010 by David Luhman

Based on your statement, I don't see a problem with you receiving survivor benefits providing your husband worked long enough under Social Security. You can receive full benefits at full retirement age for survivors or reduced benefits as early as age 60. You can begin receiving benefits as early as age 50 if you are disabled.

The first wife likely will not qualify for survivor benefits from the first marriage. The first marriage would needed to have lasted at least 10 years for her to qualify.

http://www.ssa.gov/survivorplan/ifyou2.htm

http://www.ssa.gov/pubs/10084.html