Re-marriage and claiming social security on ex-spouse

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jodieann2346
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Re-marriage and claiming social security on ex-spouse

Post by jodieann2346 » Fri Jun 01, 2018 12:41 pm

Hello,
I was married for 30 years and have been divorced for 5 years. Currently engaged and want to be married next year at the age of 60. I would like to claim on my ex-husbands social security when the time comes. I was a stay-at-home mom working part time so my income was much less than his. I am retired. My fiancé was widowed in 2014 and started taking Widower's benefit at age 60 (he is now 61).

I found this on the internet under little known secrets regarding social security. Program Operations Manual System (POMS) "RS 00202.045 Remarriage of a Divorced Spouse Policy--The marriage of a divorced spouse will terminate entitlement to such benefits unless the marriage is to an individual entitled to widow(er)'s, mother's, father's, CDB, divorced spouse's, or parents benefits. See RS 00202.010C.2. if the divorced spouse remarries the number holder. See RS 00202.040 for the termination events of Spouse's Benefits." Effective date: 7/15/2016-present.

So the big question here is if I get married will I lose the ability to claim on my ex-husband's social security record. As stated above (if I am reading this correctly) is that beings my fiancé is receiving Widower's benefits I am allowed to marry him and also be able to claim social security on my ex-husband's record.

I am getting the run around through the social security administration. I cannot schedule an appointment to talk to someone higher up who is more knowledgeable and the people I talk to on the phone, give me a blanket statement of "If you remarry you will not be able to claim on your ex-husband's record" even though I read them the above.

I would appreciate any advice you have to offer. Jodie


The Wizard
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Re: Re-marriage and claiming social security on ex-spouse

Post by The Wizard » Fri Jun 01, 2018 3:42 pm

John Z wrote:
Fri Jun 01, 2018 3:00 pm
Go to:
https://www.ssa.gov/planners/retire/divspouse.html
That simplified explanation at the SSA website doesn't address the more detailed explanation in the POMS about marrying a widower.
We need sscritic to clarify this for us...
Attempted new signature...

jodieann2346
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Re: Re-marriage and claiming social security on ex-spouse

Post by jodieann2346 » Sun Jun 03, 2018 11:07 am

Thank you for your reply. I am hoping someone here will come along who is knowledgeable regarding social security and my issue. Jodie

123
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Re: Re-marriage and claiming social security on ex-spouse

Post by 123 » Sun Jun 03, 2018 11:53 am

Your plan to marry next year, when you are 60, clouds the situation. Specific dates may make a difference.

If when you file for benefits and through at least the first full month of being entitled to benefits you are not married and remain unmarried you can be entitled to benefits as a surviving divorced spouse on your former husband. If you remarry prior to the end of the first month you could be entitled to benefits you would not be eligible for benefits as a surviving divorced spouse.

If you are entitled to benefits as a surviving divorced spouse and remarry after age 60 then you benefits will continue.

So your date of birth, date of re-marriage, and date of application for benefits as a surviving divorced spouse would determine if you can be eligible for benefits as a surviving divorced spouse.

https://www.ssa.gov/planners/survivors/ifyou.html#h3
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sls239
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Re: Re-marriage and claiming social security on ex-spouse

Post by sls239 » Sun Jun 03, 2018 2:28 pm

I read it the way you read it and it is on the ssa.gov site.

And it makes sense to me.

Have you tried E-mail?

And the wording seems to be that certain marriages are "disregarded" so using that phrasing may help.

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Epsilon Delta
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Re: Re-marriage and claiming social security on ex-spouse

Post by Epsilon Delta » Sun Jun 03, 2018 2:59 pm

I take RS 00202.045 to be about the termination of benefits.

Since you are not currently entitled, entitlement cannot be terminated and this is irrelevant.

I think that to get to entitlement you'd need to squeeze through RS 00202.005, and that requires you to be unmarried at age 62 when you apply.

IMHO and IANAE etc.

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Mlm
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Re: Re-marriage and claiming social security on ex-spouse

Post by Mlm » Sun Jun 03, 2018 3:26 pm

Epsilon Delta wrote:
Sun Jun 03, 2018 2:59 pm
I take RS 00202.045 to be about the termination of benefits.

Since you are not currently entitled, entitlement cannot be terminated and this is irrelevant.

I think that to get to entitlement you'd need to squeeze through RS 00202.005, and that requires you to be unmarried at age 62 when you apply.

IMHO and IANAE etc.
:thumbsup
This seems to be correct according to this blog post. You must currently be collecting on ex-husbands SS and the minimum age to collect is 62.

https://financialducksinarow.com/10552/ ... iage-rule/

BlankenshipFP
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Re: Re-marriage and claiming social security on ex-spouse

Post by BlankenshipFP » Mon Jun 04, 2018 10:49 am

Jodie -

The POMS page you reference is specifically for continuation of current benefits. In other words, if you were currently receiving a benefit based on an ex-spouse's record, these benefits could continue upon your remarriage to someone who is currently receiving one of the listed benefit types.

Since you're not currently receiving a benefit based on an ex-spouse's record, this POMS entry does not apply to your situation. Put simply, it applies to current benefits, not future benefits.

You will not be eligible to begin receiving spousal benefits based on your ex-spouse's record if you are currently married (to someone else). You will, however, retain the eligibility to receive survivor benefits based on your ex-spouse's record IF your marriage occurs on or after your 60th birthday. If you get married even one day before turning 60, this eligibility is lost (while married).

Hope this helps -

jb

jodieann2346
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Re: Re-marriage and claiming social security on ex-spouse

Post by jodieann2346 » Mon Jun 11, 2018 1:59 pm

Thanks jb that helps immensely!

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ObliviousInvestor
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Re: Re-marriage and claiming social security on ex-spouse

Post by ObliviousInvestor » Mon Jun 11, 2018 6:29 pm

BlankenshipFP wrote:
Mon Jun 04, 2018 10:49 am
Jodie -

The POMS page you reference is specifically for continuation of current benefits. In other words, if you were currently receiving a benefit based on an ex-spouse's record, these benefits could continue upon your remarriage to someone who is currently receiving one of the listed benefit types.

Since you're not currently receiving a benefit based on an ex-spouse's record, this POMS entry does not apply to your situation. Put simply, it applies to current benefits, not future benefits.

You will not be eligible to begin receiving spousal benefits based on your ex-spouse's record if you are currently married (to someone else). You will, however, retain the eligibility to receive survivor benefits based on your ex-spouse's record IF your marriage occurs on or after your 60th birthday. If you get married even one day before turning 60, this eligibility is lost (while married).

Hope this helps -

jb
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