I Am a Widow and Get Social Security Under My Benefits If I Marry Again Will My Benefits Change
It is common knowledge that husbands and wives are entitled to collect Social Security benefits on their spouses' work records. Less well known is that this benefit applies to divorced spouses as long as the spouse has not remarried. Divorced spouses are even entitled to survivor benefits in certain circumstances.
As a spouse, you have the selection of claiming a Social Security retirement benefit based on your own earnings record or collecting a spousal benefit equal to half of your spouse's Social Security benefit. You are automatically entitled to whichever do good is college and you can collect on your spouse'south record even if you have never worked yourself.
As a divorced spouse you can collect benefits on your ex-spouse's tape, even if the ex-spouse has remarried and fifty-fifty if the ex-spouse'south new spouse is collecting on the aforementioned record.
Only to become this benefit, you must run into the following requirements:
- You were married for at to the lowest degree 10 years (although the marriage could take been briefly interrupted by divorce during those x years -- see below)
- You are at to the lowest degree 62 years old
- Your ex-spouse is eligible for retirement benefits
- You are currently unmarried
If your ex-spouse has not yet applied for retirement benefits only tin can authorize for them, you can receive benefits on his or her tape provided y'all have been divorced for at least two years.
In addition, if you take reached total retirement age and are eligible for both a spouse's do good and your own retirement benefit, yous may have a selection, depending on your age. If you are 62 or older by the finish of 2015, y'all will be able to choose which benefit you lot want at your total retirement historic period. When workers who are not 62 by the end of 2015 apply for spousal benefits, Social Security will assume it is also an application for benefits on the worker's record. The worker is eligible for the higher benefit, simply he or she can't choose to take only the spousal benefits and allow his or her own benefits to keep increasing until historic period 70.
If yous remarry, you cannot receive benefits on your quondam spouse's record unless the new wedlock ends (by death, divorce, or annulment). Also, regarding the 10-year matrimony requirement, a marriage could be interrupted by divorce and remarriage to the same spouse as long as the remarriage took identify no afterward than the calendar year immediately following the calendar year of the divorce. For the rules on this, click here.
Survivors Benefits
If y'all are the divorced spouse of a worker who has passed away, you lot could still be eligible for survivors benefits if the marriage lasted 10 years or more. You can receive reduced benefits starting at age sixty or full benefits at your full retirement historic period. Survivors benefits are equivalent to the deceased spouse's full Social Security benefit amount.
Yet, if you remarry earlier the historic period of 60, you cannot collect survivors benefits (unless the later marriage ends for any reason). If you remarry later on historic period 60, you tin can still receive survivors benefits based on your former spouse's record. Notwithstanding, if your new spouse is too collecting Social Security benefits and you lot would receive a higher amount based on the new spouse's work record, you will receive the higher amount.
Once you reach full retirement age and are eligible for both a survivor's do good and your own retirement do good, you have a choice. A surviving spouse tin choose to have survivor's benefits kickoff (letting your own benefits accrue) and so switch to retirement benefits afterwards if the retirement benefit is larger.
If you lot are caring for a child under age 16 or disabled who is getting benefits on the tape of your former spouse, you would not accept to meet the 10-year union rule.
For more than information on Social Security benefits for spouses and children, click hither.
Last Modified: 04/22/2022
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Source: https://www.elderlawanswers.com/how-do-divorce-and-remarriage-affect-social-security-benefits-14386