If you are getting a pension from your late husband, YES, you will lose it the moment you re-marry.
Remarriage: In many cases, remarriage of your ex-husband does not affect your rights to the pension unless the divorce decree specifies otherwise. To get a definitive answer, it would be best to consult a family law attorney who can provide guidance based on your specific situation and local laws.
It's important to know that you can ask for a share of your spouse's retirement benefit in your divorce. Even if your divorce decree awards you a share of the retirement benefit, though, you might still not be able to receive it unless you take certain additional steps after your divorce.
Retirement Benefits
Did you know that when you enter into a new marriage or registered domestic partnership it revokes any beneficiary designation you may have on file with CalPERS?
To receive a spouse benefit, you generally must have been married for at least one continuous year to the retired or disabled worker on whose earnings record you are claiming benefits. There are narrow exceptions to the one-year rule.
Even if your ex-spouse remarries, you are still eligible for a spousal or survivor benefit. Social Security will pay benefits to your ex- spouse, their current spouse and you, and no one's benefit will be reduced.
A general rule of thumb when it comes to splitting pensions in divorce is that a spouse will receive half of what was earned during the marriage.
There's nothing anyone can do to prevent their ex from claiming their Social Security. Even though some divorce decrees specify that one spouse will relinquish their rights to collect the other spouse's benefits, the Social Security Administration says these provisions “are worthless and are never enforced.”
Your pension will continue even if you remarry.
Can I still get my ex-husband's pension? Yes, you can claim your husband's pension even after a divorce. To receive the pension, you must fulfill the eligibility criteria and send the required documents.
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.
Legally the plan is required to pay a spousal benefit unless the spouse signs a Spousal Consent Form or waiver. The spouse of the pension-earner is required by law to sign this form if you choose not to receive survivor's benefits. Why is there a Spousal Consent Form?
Unless court ordered, remarriage of a former spouse will not stop the direct payment of retired pay as property.
If my ex-spouse remarries, will his/her share of the pension come back to me? a. Generally, no. As with other divided property, the ex-spouse's share of the pension remains his/her property.
You are eligible to receive one-half (50%) of your ex-spouse's retirement benefit. If your ex-spouse should die before you, you can receive their full retirement benefit. The benefit does not include any delayed retirement credits your ex-spouse may receive.
If your spouse is found to have hidden assets, then it could result in them losing the right to all of those assets and even a possible jail sentence. Does it matter how long we were married? Most retirement accounts, such as 401(k)s are divided upon divorce regardless of how long the marriage lasted.
Yes, you can receive Social Security or survivor benefits based on your ex-husband's work record, even if you are working. However, your benefits may be subject to the SSA's earnings test if you are below your full retirement age and earn income above certain limits.
To be eligible, you must have been married to your ex-spouse for 10 years or more. If you have since remarried, you can't collect benefits on your former spouse's record unless your later marriage ended by annulment, divorce, or death.
The spousal benefit can be as much as half of the worker's "primary insurance amount," depending on the spouse's age at retirement. If the spouse begins receiving benefits before "normal (or full) retirement age," the spouse will receive a reduced benefit.
Getting Married
If you're receiving spousal benefits based on your former spouse's work record, those benefits will generally end upon your getting remarried, but you may be able to receive benefits based on your new spouse's work record, or on your own.
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.
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.