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

Asked by: Velma Rice  |  Last update: April 7, 2024
Score: 4.3/5 (8 votes)

If you remarry before age 60 (age 50 if you have a disability), you cannot receive benefits as a surviving spouse while you are married. If you remarry after age 60 (age 50 if you have a disability), you will continue to be eligible for benefits on your deceased spouse's Social Security record.

Does remarriage affect Social Security survivor benefits?

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.

What happens when a widow remarries?

Is a widow still a widow if she remarries? Obviously, if you remarry, you are legally the wife of your new spouse. Both the SSA and IRS agree that your widow status is revoked once you remarry(unless you remarry after age 60 for SSA purposes).

How much Social Security can you draw on a deceased spouse?

Surviving spouse, full retirement age or older—100% of your benefit amount. Surviving spouse, age 60 to full retirement age—71½ to 99% of your basic amount.

Does a surviving spouse get her husband's Social Security?

Widow or widower, at full retirement age or older, generally gets 100% of the worker's basic benefit amount. Widow or widower, age 60 or older, but under full retirement age, gets between 71% and 99% of the worker's basic benefit amount.

Can I Remarry on Social Security?

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When can a widow draw off her husband's Social Security?

If you are the surviving spouse of a person who worked long enough under Social Security, you can: Receive reduced benefits as early as age 60. If you are eligible for retirement benefits on your own record, you can switch to your own retirement benefit as early as age 62.

What is the difference between widow benefits and survivor benefits?

While spousal benefits are capped at 50 percent of the worker's benefit, survivor benefits are set at a full 100 percent of the deceased worker's benefit.

What are the rules for collecting your spouse's Social Security?

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.

How much can a surviving spouse earn while collecting widows benefits?

If you're under full retirement age your benefit amount could be reduced, based on what you earn. For 2022, the Social Security Administration reduces survivor benefits by $1 for every $2 you earn above $19,560. In the year you reach full retirement age, the deduction changes to $1 for every $3 earned above $51,960.

What is the loophole for Social Security 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.

Can you collect Social Security from two husbands?

Yes, you can. Notify the Social Security Administration that you were married more than once and may qualify for benefits on more than one spouse's earnings record. They will be able to tell you which record provides the higher payment and set your benefit accordingly.

Are you still married after your spouse dies?

If your spouse has died, and you have not remarried, then you are considered unmarried. It may seem odd and you may still consider yourself as married. However, in the eyes of the law, your marriage ended when your spouse died.

What is the widow's penalty?

In simple terms, the widow's penalty refers to a situation where a surviving spouse may experience a reduction in their overall income or financial benefits, but an increase in taxes, after their partner passes away.

Does a second wife get Social Security?

If you re-married and your second spouse is deceased, you qualify to claim benefits from either your first spouse if that marriage lasted at least 10 years, or your second spouse if you were married at least 9 months before they died.

Who is entitled to a deceased person's Social Security?

A surviving spouse, surviving divorced spouse, unmarried child, or dependent parent may be eligible for monthly survivor benefits based on the deceased worker's earnings. In addition, a one-time lump sum death payment of $255 can be made to a qualifying spouse or child if they meet certain requirements.

What is a second wife entitled to?

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 disqualifies you from survivor benefits?

Widowed Spouses and Former Spouses Remarrying Early: Widowed spouses and former spouses who remarry before age 60 (or 50 if they are disabled) become ineligible for survivor benefits. However, if the later marriage ends, eligibility can be reinstated.

How do I get the $16728 Social Security bonus?

Beneficiaries are currently searching for information on How Do I Receive the $16728 Social Security Bonus? Retirees can't actually receive any kind of “bonus.” Your lifetime earnings are the basis for a calculation that the Social Security Administration (SSA) uses to calculate how much benefits you will receive.

Can a widow draw husband's Social Security and her own?

If you qualify for your own retirement and spouse's benefits, we will always pay your own benefits first. If your benefit amount as a spouse is higher than your own retirement benefit, you will get a combination of the two benefits that equals the higher amount.

Why can't I get half of my husband's Social Security?

If you qualify for your own retirement benefit and a spouse's benefit, we always pay your own benefit first. You cannot receive spouse's benefits unless your spouse is receiving his or her retirement benefits (except for divorced spouses).

Can I collect my deceased husband's Social Security and mine?

Social Security will not combine a late spouse's benefit and your own and pay you both. When you are eligible for two benefits, such as a survivor benefit and a retirement payment, Social Security doesn't add them together but rather pays you the higher of the two amounts.

Can you be denied survivor benefits?

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.

When someone dies what happens to their Social Security benefits?

family gets all the benefits they're entitled to.

—If they were living apart from the deceased and eligible for certain Social Security benefits on the deceased's record. —If there's no surviving spouse, a child who's eligible for benefits on the deceased's record in the month of death can receive this payment.

Can my wife take Social Security at 62 and then switch to spousal benefit?

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.

Why were widows not allowed to remarry?

According to the prevalent customs in some parts of India, widows, especially upper caste-Hindu widows were expected to lead a life of austerity and extremities. Widows remarriage was not permitted even if she was a child and the marriage was not even consummated. Widows had to wear a white saree of coarse material.