Can I collect my deceased ex husband's Social Security if I am remarried?

Asked by: Dr. Kristoffer Waters  |  Last update: January 15, 2025
Score: 4.5/5 (18 votes)

How Remarriage Affects Survivors' Benefits. You can't receive Social Security survivor's benefits if you remarry before 60. If you remarry after age 60 (50 if disabled), you can still collect benefits on your former spouse's record.

Can I keep my deceased husband's Social Security if I remarry?

That is, a widow who remarries before age 60 has no claim to the widow benefits (so long as the remarriage remains intact) and therefore faces a marriage penalty. However, a widow who remarries after reaching age 60 retains full claim on these benefits.

What is the Social Security spousal benefits loophole?

The first exception, which can be deemed as the Social Security spousal benefits loophole, works where an individual who remarries at 60 or later may still be entitled to Social Security survivors' benefits if the second marriage ends before the death of the first spouse.

Can I get my ex-husband's Social Security if he is remarried?

The short answer is that remarriage generally prevents you from collecting on your ex-spouse's Social Security benefits, but if your current marriage ever ended, you could potentially qualify for those benefits again. And I'll be here for you if more questions come up along the way.

How much money can I make and still receive survivor benefits?

For survivor's benefits (and other types of non-disability benefits), the earnings limit in 2024 is $22320. For every $2 earned above this limit, $1 is deducted from the Social Security benefit. If earnings are high enough, no benefit will be due.

Benefits From A Deceased Ex-Spouse?

36 related questions found

How much does a surviving divorced spouse get from Social Security?

In most typical claims for benefits a: Surviving spouse, at full retirement age or older, generally gets 100% of the worker's basic benefit amount. Surviving spouse, age 60 or older, but under full retirement age, gets between 71% and 99% of the worker's basic benefit amount.

What disqualifies you from survivor benefits?

Impact of remarrying: If you remarry before age 60 (or 50 if disabled), you typically won't be eligible to collect survivor benefits from your former spouse. However, if the subsequent marriage ends, you may become eligible again.

Can 2 ex wives collect deceased husband's Social Security?

If the spouses divorced, the marriage must have lasted 10 years. Each survivor benefit can be up to 100% of your benefit. The amount may be reduced if the women start benefits before their own full retirement age, but they don't have to share — the amount isn't reduced because you've had more than one spouse.

Can I collect 100% of my ex-husband's Social Security?

The Bottom Line. If you were married to them for at least 10 years, you may be able to collect Social Security benefits based on your ex's work record. If you meet the requirements, you can receive benefits equal to as much as 50% of your ex's retirement benefit.

What is the 10 year rule for Social Security?

If you've worked and paid taxes into the Social Security system for at least 10 years and have earned a minimum of 40 work credits, you can collect your own benefits as early as age 62.

What are the three ways you can lose your Social Security?

Indeed, here are three ways you can lose at least part of your Social Security benefit.
  • No. 1: Keep working while taking benefits early. ...
  • No. 2: Be a substantially lower-earning spouse. ...
  • No. 3: Be alive in 2034. ...
  • Social Security still provides an important foundation for retirement.

At what age can I collect my ex-husband's Social Security benefits?

You're at least 62 years old. You're currently unmarried. Your ex-spouse is eligible for Social Security retirement or disability benefits.

How do I get the $16728 Social Security bonus?

Have you heard about the Social Security $16,728 yearly bonus? There's really no “bonus” that retirees can collect. The Social Security Administration (SSA) uses a specific formula based on your lifetime earnings to determine your benefit amount.

Do I lose my ex-husband's pension if I remarry?

If you receive retirement or disability benefits based on your own work history, getting divorced and remarried will not change anything. However, if you receive benefits based on a former spouse's work history, getting remarried will typically cut them off in favor of your new spouse's work history.

How much does a wife get of her husband's Social Security if he dies?

Spouses and ex-spouses

Payments start at 71.5% of your spouse's benefit and increase the longer you wait to apply. For example, you might get: Over 75% at age 61.

What not to do when your spouse dies?

Top 10 Things Not to Do When Someone Dies
  1. 1 – DO NOT tell their bank. ...
  2. 2 – DO NOT wait to call Social Security. ...
  3. 3 – DO NOT wait to call their Pension. ...
  4. 4 – DO NOT tell the utility companies. ...
  5. 5 – DO NOT give away or promise any items to loved ones. ...
  6. 6 – DO NOT sell any of their personal assets. ...
  7. 7 – DO NOT drive their vehicles.

Will I lose my deceased husband's SS if I remarry?

Getting Married

If you're a widow(er) under age 60, or you're disabled but under 50, remarriage ends any benefits based on the record of your deceased spouse.

What is an ex-wife entitled to when her ex-husband dies?

Social Security rules allow a qualifying former spouse to claim benefits based on the work history of a higher-earning ex. These benefits are worth up to 50% of that former spouse's Social Security benefit at full retirement age. However, if that former spouse dies, the benefit's value is worth up to 100%.

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

This is good news when former spouses are not on good terms. Your ex cannot “block” you from drawing your spousal benefit. In fact, he probably won't even know if you are drawing off him unless he calls SSA to ask.

What percent of Social Security does a divorced spouse get?

If you are age 62 or older and were married to your ex for at least 10 years, you may be able to collect monthly payments equivalent to about one-third to one-half of your former spouse's Social Security benefit, as calculated from their lifetime earnings history.

What is my marital status if my ex-husband dies?

No, under California law, if you are divorced, you are not considered a widow or widower when your former spouse passes away.

Can I draw Social Security off my dead ex-husband?

Ex-spouses who were married for at least 10 years, as well as some valid non-marital legal relationships, may be eligible. You might be eligible regardless of age and how long you were married. One common example is if you're caring for a child of the person who died.

Can a divorced woman collect her ex-husband's Social Security?

you're eligible for some of your ex's Social Security

wives and widows. That means most divorced women collect their own Social Security while the ex is alive, but can apply for higher widow's rates when he dies.

Does a widow automatically get her husband's Social Security?

If you are a widow (or your ex-spouse died), you may be eligible to receive benefits on your late spouse's, or ex-spouse's, Social Security record. How much you receive will depend on your age, the amount of benefits you may receive on your own record, and whether you have dependent children.

Why would I be denied for survivor benefits?

Several factors can disqualify you from receiving survivor benefits, such as: Remarrying before a certain age. Your deceased spouse not having earned enough work credits. Not meeting the SSA definition of a spouse.