Social security for surviving ex-spouse

[TonyDee]

Hi All,

Hoping someone familiar with social security can help me out.
Can a surviving ex-spouse receive SS benefits of a deceased ex-spouse
Even if the deceased ex-spouse remarried ?

Thanks !

[Kenkat]

Yes, provided the surviving spouse and the deceased were married for 10 years or more. The surviving spouse cannot have remarried.

https://blog.ssa.gov/ex-spouse-benefits ... ffect-you/

[neilpilot]

In addition to what Kenkat says, the ex-spouse can receive spousal benefits based on their ex even before their ex-spouse passes. However, if the surviving ex-spouse remarries, that can have an impact. There are other conditions.

Suggested reading: https://www.aarp.org/retirement/social- ... lsrc=aw.ds

[Weathering]

How is this different between a living ex-spouse and a dead ex-spouse?
With a living ex-spouse, the claiming ex-spouse would receive 1/2 of the SS dollars that their ex-spouse receives.
With a deceased ex-spouse, does the living ex-spouse get the full SS dollars that their ex-spouse received while living, or only the same 50% as when the ex-spouse was living?

[tallguy3891]

Yes, provided the surviving spouse and the deceased were married for 10 years or more. The surviving spouse cannot have remarried.

https://blog.ssa.gov/ex-spouse-benefits ... ffect-you/

There are exceptions for remarriage. See the aarp link in neilpilot's post about remarriage, etc.

[HueyLD]

Yes, provided the surviving spouse and the deceased were married for 10 years or more. The surviving spouse cannot have remarried.

https://blog.ssa.gov/ex-spouse-benefits ... ffect-you/

From KenKat’s link:

“ 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.”

[shunkman]

My parents were divorced in the 1980s. My mother remarried but that marriage ended too. When my re-married father passed away recently the SSA contacted my mother by mail and said she may be eligible for additional benefits. She will now be getting about $200 more per month based on my father's earnings and survivor benefits.

[vested1]

As a gesture of good will I informed my ex-spouse, who I was married to for 10 years that she could file for a spousal benefit on my record and/or a survivor's benefit on my record when that occasion occurred. She remarried many years after our divorce, but that marriage was short and volatile. She has vowed to never remarry, for which every man in her general vicinity should give thanks, IMHO.

Immediately after telling her of these possibilities, and providing suggestions on her waiting for her full FRA of 67 to get the highest of either option, she suggested that I take up skydiving, gator wrestling, or bomb disposal in the interim as a hobby to liven up my retirement.

The 30 year anniversary of my subsequent marriage is two weeks away, and even though I waited until age 70 to file for my SS benefit, my current wife has suggested that I take up photography, rather than wrestling gators or deciding whether to cut the red wire or the green wire on the next ticking bomb I encounter.

[FellsGuy]

it is amazing that someone could have 3 or 4 spouses possibly even more pulling the same benefits from the same contributions with the simple 10 years or more of marriage rule.

[Kenkat]

As a gesture of good will I informed my ex-spouse, who I was married to for 10 years that she could file for a spousal benefit on my record and/or a survivor's benefit on my record when that occasion occurred. She remarried many years after our divorce, but that marriage was short and volatile. She has vowed to never remarry, for which every man in her general vicinity should give thanks, IMHO.

Immediately after telling her of these possibilities, and providing suggestions on her waiting for her full FRA of 67 to get the highest of either option, she suggested that I take up skydiving, gator wrestling, or bomb disposal in the interim as a hobby to liven up my retirement.

The 30 year anniversary of my subsequent marriage is two weeks away, and even though I waited until age 70 to file for my SS benefit, my current wife has suggested that I take up photography, rather than wrestling gators or deciding whether to cut the red wire or the green wire on the next ticking bomb I encounter.

Hilarious post, thanks for the laugh! Sounds like you got a good one second time around

[vested1]

it is amazing that someone could have 3 or 4 spouses possibly even more pulling the same benefits from the same contributions with the simple 10 years or more of marriage rule.

When you consider the more cogent reasons for the divorce of a minimum 10 year marriage, the iconic words of John Houseman in "The Paper Chase" come to mind. (Paraphrased) "Because they earned it".

[FellsGuy]

it is amazing that someone could have 3 or 4 spouses possibly even more pulling the same benefits from the same contributions with the simple 10 years or more of marriage rule.

When you consider the more cogent reasons for the divorce of a minimum 10 year marriage, the iconic words of John Houseman in "The Paper Chase" come to mind. (Paraphrased) "Because they earned it".

Oh not denying anyone what is due its just amazing you can pull 3,4,5, gallons out of a one gallon container potentially...

[vested1]

As a gesture of good will I informed my ex-spouse, who I was married to for 10 years that she could file for a spousal benefit on my record and/or a survivor's benefit on my record when that occasion occurred. She remarried many years after our divorce, but that marriage was short and volatile. She has vowed to never remarry, for which every man in her general vicinity should give thanks, IMHO.

Immediately after telling her of these possibilities, and providing suggestions on her waiting for her full FRA of 67 to get the highest of either option, she suggested that I take up skydiving, gator wrestling, or bomb disposal in the interim as a hobby to liven up my retirement.

The 30 year anniversary of my subsequent marriage is two weeks away, and even though I waited until age 70 to file for my SS benefit, my current wife has suggested that I take up photography, rather than wrestling gators or deciding whether to cut the red wire or the green wire on the next ticking bomb I encounter.

Hilarious post, thanks for the laugh! Sounds like you got a good one second time around

Yes, she did.

[vested1]

it is amazing that someone could have 3 or 4 spouses possibly even more pulling the same benefits from the same contributions with the simple 10 years or more of marriage rule.

When you consider the more cogent reasons for the divorce of a minimum 10 year marriage, the iconic words of John Houseman in "The Paper Chase" come to mind. (Paraphrased) "Because they earned it".

Oh not denying anyone what is due its just amazing you can pull 3,4,5, gallons out of a one gallon container potentially...

5? After a minimum of 50 years of marriage, a Congressional Medal of Honor should be considered.

[sailaway]

it is amazing that someone could have 3 or 4 spouses possibly even more pulling the same benefits from the same contributions with the simple 10 years or more of marriage rule.

When you consider the more cogent reasons for the divorce of a minimum 10 year marriage, the iconic words of John Houseman in "The Paper Chase" come to mind. (Paraphrased) "Because they earned it".

Oh not denying anyone what is due its just amazing you can pull 3,4,5, gallons out of a one gallon container potentially...

5? After a minimum of 50 years of marriage, a Congressional Medal of Honor should be considered.

It could be 40+1 with a current spouse.

Would the second spouse of a bigamist lose out because their marriage wasn't valid?

[vested1]

it is amazing that someone could have 3 or 4 spouses possibly even more pulling the same benefits from the same contributions with the simple 10 years or more of marriage rule.

When you consider the more cogent reasons for the divorce of a minimum 10 year marriage, the iconic words of John Houseman in "The Paper Chase" come to mind. (Paraphrased) "Because they earned it".

Oh not denying anyone what is due its just amazing you can pull 3,4,5, gallons out of a one gallon container potentially...

5? After a minimum of 50 years of marriage, a Congressional Medal of Honor should be considered.

It could be 40+1 with a current spouse.
It would depend on the quality of the current spouse at the time of death of the higher earner. At the very least a Purple Heart would seem appropriate.

Would the second spouse of a bigamist lose out because their marriage wasn't valid?
It would depend on the state of residence where the polygamous weddings took place /s.

[FellsGuy]

it is amazing that someone could have 3 or 4 spouses possibly even more pulling the same benefits from the same contributions with the simple 10 years or more of marriage rule.

When you consider the more cogent reasons for the divorce of a minimum 10 year marriage, the iconic words of John Houseman in "The Paper Chase" come to mind. (Paraphrased) "Because they earned it".

Oh not denying anyone what is due its just amazing you can pull 3,4,5, gallons out of a one gallon container potentially...

5? After a minimum of 50 years of marriage, a Congressional Medal of Honor should be considered.

You'd really have to plan that one out haha, its sort of like the stories about still paying Civil War pensions out or Revolutionary War pensions look up Esther Sumner Damon...

[SuzBanyan]

it is amazing that someone could have 3 or 4 spouses possibly even more pulling the same benefits from the same contributions with the simple 10 years or more of marriage rule.

When you consider the more cogent reasons for the divorce of a minimum 10 year marriage, the iconic words of John Houseman in "The Paper Chase" come to mind. (Paraphrased) "Because they earned it".

Oh not denying anyone what is due its just amazing you can pull 3,4,5, gallons out of a one gallon container potentially...

5? After a minimum of 50 years of marriage, a Congressional Medal of Honor should be considered.

It could be 40+1 with a current spouse.

Would the second spouse of a bigamist lose out because their marriage wasn't valid?

A friend of the family found out when she was in her 60’s that her husband of 30 years was still married to another woman and that he had changed his name to escape from the mob/feds 50 years ago, which led him to throw all their joint tax returns in the trash every year rather than file them. This has obviously been a nightmare for her, and she has had difficulties getting social security benefits even based on her own earnings record.

[tallguy3891]

Yes, provided the surviving spouse and the deceased were married for 10 years or more. The surviving spouse cannot have remarried.

https://blog.ssa.gov/ex-spouse-benefits ... ffect-you/

From KenKat’s link:

“ 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.”

But, if a surviving ex-spouse remarries at age 60 or older (or 50 or older if disabled and after becoming disabled) then they can draw benefits off the prior spouse from whom they were divorced. If they remarried before those age situations they cannot draw benefits off the prior spouse unless the subsequent marriage ends. There are also rules for void marriages and annulment situations. See the Social Security Handbook Section 406. And of course, verify with Social Security for the latest regulations.