Unless you stipulated otherwise, under the USFSPA (Uniformed Services Former Spouse Protection Act), a former spouse's award of a member's retirement pay continues until either the member dies or the former spouse dies (whichever is first), regardless of remarriage.
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.
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.
If you remarry before age 50
As a surviving spouse or ex-spouse, you lose your eligibility for survivor or disability benefits. Your monthly payouts, however, may be reinstated if your subsequent marriage ends in an annulment or a divorce.
The current law requires that the widow be unmarried in order to claim widow benefits, unless the marriage occurred after the widow attained age 60. 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.
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. If the spouses divorced, the marriage must have lasted 10 years.
In other words, the husband is less likely to outlive his wife and thus receive a spouse's pension. After the retiree's death, the spouse continues to receive the same monthly annuity under the 100-percent option, but half of the monthly annuity under the 50-percent option.
Your pension will continue even if you remarry.
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?
You may be eligible if you: Are age 60 or older, or age 50–59 if you have a disability, and. Were married for at least 9 months before your spouse's death, and. Didn't remarry before age 60 (age 50 if you have a disability).
Defined benefit pensions
Most schemes will pay out a lump sum that is typically two or four times their salary. If the person who died was under age 75, this lump sum is tax-free. This type of pension usually also pays a taxable 'survivor's pension' to the deceased's spouse, civil partner or dependent child.
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. Also, if you're entitled to benefits on your own record, your benefit amount must be less than you would receive based on your ex-spouse's work.
What will happen if I remarry? When a surviving spouse remarries, this will often prevent them from continuing to receive their late spouse's pension. This means that if you are collecting your deceased spouse's pension and you choose to remarry, you may lose the right to get your former spouse's pension.
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.
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.
You'll get any State Pension based on your husband, wife or civil partner's National Insurance contribution when you claim your own pension. You will not get it if you remarry or form a new civil partnership before you reach State Pension age.
If you're married or have a civil partner, your partner will automatically be entitled to a spouse's pension, which means they'll receive an income when you die. To find out more about what your partner could get visit what happens when you die.
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.
If your spouse built up entitlement to the State Second Pension between 2002 and 2016, you are entitled to inherit 50% of this amount; PLUS. If your spouse built up entitlement to Graduated Retirement Benefit between 1961 and 1975, you are entitled to inherit 50% of this amount.
No. Your pension will continue even if you remarry. Note: This rule changed in 1987. If you previously lost a CPP survivor's pension because you remarried, call us to find out if you are now eligible.
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.
How long does a widow receive survivor benefits? Social Security benefits are payable to you for life unless you collect a retirement benefit that is greater than the survivor benefit.