Answer: Both your current spouse and your ex could be entitled to survivor benefits based on your work record. Typically someone must be married nine months to qualify for survivor benefits on a current spouse's record.
Any benefits paid to a surviving divorced spouse won't count toward this family maximum amount. And as long as they wait until 60 or later to remarry, both women could continue to collect their survivor benefits. (Questions about Social Security? Find the answers in my ebook.)
No. Each spouse can claim their own retirement benefit based solely on their individual earnings history. You can both collect your full amounts at the same time. However, your spouse's earnings could affect the overall amount you get from Social Security if you receive spousal benefits.
There used to be a “file and suspend” loophole meant to help married couples maximize their Social Security benefits. However, after Congress passed the Bipartisan Budget Act in 2015, this loophole no longer applies.
A person may be entitled to more than one benefit at the same time. For example, a person may be entitled as a retired worker on their own record and as a spouse on another record. However, a person's benefit amount can never exceed the highest single benefit to which that person is entitled.
If you are married and you and your spouse have worked and earned enough credits individually, you will each get your own Social Security benefit.
You can receive disability benefits if your deceased spouse was receiving disability benefits at the time of their death or if they worked and earned sufficient work credits for you to qualify.
Spousal benefits in the USA are limited to initiation at the age of 62, offering a degree of early access to financial support. In contrast, survivor benefits can commence as early as the age of 60, granting surviving spouses a slightly earlier avenue for assistance.
You're eligible for spousal benefits if you're married, divorced, or widowed, and your spouse is or was eligible for Social Security. Spouses and ex-spouses generally are eligible for up to half of the spouse's entitlement. Widows and widowers can receive up to 100%.
To qualify for spouse's benefits, you must be one of the following: 62 years of age or older. Any age and have in your care a child younger than age 16, or who has a disability and is entitled to receive benefits on your spouse's record.
Another requirement is that the spouse must be at least age 62 or have a qualifying child in her/his care. By a qualifying child, we mean a child who is under age 16 or who receives Social Security disability benefits.
If you are receiving retirement or disability benefits, your spouse may be eligible for spouse benefits if they are: At least age 62. Any age and caring for a child who is under age 16 or who has a disability that began before age 22.
The longer the spouse with the higher benefit waits to start collecting, the higher benefits will be for both spouses. Delaying the higher earning spouse's benefits could also eventually increase the other spouse's survivors benefits.
For example, if you were to get married for a second time without a will, trust, nor prenuptial agreement, your second wife would be entitled to 50% of your community property earned during your second marriage, while your children from your first marriage would also be entitled to 50% after your death.
What Happens If I Remarry? Generally, you cannot collect benefits on your ex-spouse's work record unless your second marriage ends by annulment, divorce, or death. Your SSI benefits payments may change based on your new spouse's record.
Whether you can make this switch is determined by whether your spouse is already receiving benefits. If your spouse is not receiving any retirement benefits yet, then you could technically take your regular Social Security benefit as early as age 62.
The maximum spousal benefit is 50% of your spouse's retirement benefit at their FRA. If the maximum spousal benefit is greater than your retirement benefit at your FRA, you may be eligible for a spousal benefit. HAS YOUR SPOUSE APPLIED FOR THEIR RETIREMENT BENEFIT?
Spouses are one of the many beneficiaries of Social Security, and even ex-spouses can claim a payout from the program in some circumstances. When you apply for Social Security, you automatically apply for the greater of your benefit or half your spouse's benefit.
You can get Social Security retirement or survivors benefits and work at the same time. But, if you're younger than full retirement age, and earn more than certain amounts, your benefits will be reduced. The amount that your benefits are reduced, however, isn't lost.
How Long Do You Receive Social Security Survivor Benefits? Social Security survivor benefits are payable to the surviving spouse for the remainder of their life. Restrictions apply for divorced spouses eligible to receive benefits.
Widow or widower, age 60 or older, but under full retirement age, gets between 71% and 99% of the worker's basic benefit amount. Widow or widower, any age, with a child younger than age 16, gets 75% of the worker's benefit amount. Child gets 75% of the worker's benefit amount.
It is not uncommon for the Social Security Administration to deny claims for survivor benefits. If this happens, you have the right to pursue an appeal.
Instead of the retired worker's benefit ending when he died, his widow could collect a survivor benefit for her lifetime. Since then, the eligibility rules for survivors have improved. The age requirements are lower, surviving ex-spouses are eligible, including surviving spouses and partners of same-sex relationships.