Welcome to Ask Money Talks News, a series answering financial questions submitted by Money Talks News readers and podcast listeners.
In this installment, we’re talking about a confusing aspect of Social Security: benefits for spouses who become widows or widowers after a remarriage — including remarriage to the same person.
We’ll also explain how you can submit a question to us if you have one of your own.
If you enjoy this series, sign up for the Money Talks Newsletter so you don’t miss the next edition.
What are survivor’s benefits?
If you pay into the Social Security system during your working life — essentially meaning you have FICA taxes withheld from your paychecks — it’s generally possible for certain survivors to receive benefits based on your earnings record. For example, depending on the situation, such survivors might include:
- A spouse
- A former spouse
- Children
- Dependent parents
The Social Security Administration refers to benefits that a survivor claims based on a deceased person’s record as survivor’s benefits.
The question at hand
Christine S. asks Money Talks News:
“My husband and I were married for 30 years and then divorced. After 8 years we are getting back together at age 70. I know that we’re ‘starting over’ as far as years married according to the marriage license. But if my husband precedes me in death will I still be able to receive his social security benefit even if we aren’t married for 10 years this go around?”
Congratulations on your reunion, Christine!
As difficult as it is to think about mortality, your question is appropriate. You might be confusing survivor’s benefits with spousal benefits, though. They work differently when it comes to the required minimum length of a marriage.
To be eligible to claim spousal benefits — whether based on a current or former marriage — you must have been married to the person for at least 10 years.
To claim survivor’s benefits, the time requirement is only one year. However, this requirement has exceptions. Let’s look at a couple of them, including one that applies to people in Christine’s situation.
Exceptions to the one-year rule for survivors
One exception to the requirement that you must have been married for at least one year to claim survivor’s benefits applies if the person you married (or remarried) is the biological parent of your biological child. In this case, you are immediately qualified to receive survivor’s benefits.
Another exception applies If you were eligible to receive spousal benefits under a previous spouse (think first marriage) at the time of your new marriage. In this case, Christine, you are immediately eligible to receive survivor’s benefits.
Your survivor’s benefit amounts will be based primarily on your spouse’s benefit. Since your husband is older than his full retirement age of 67, you’ll receive a maximum benefit equal to 100% of his monthly payment, unless your own retirement benefit is higher than that.
To learn more about survivor’s benefits, visit the Social Security Administration’s website, including the survivor’s benefits booklet and the list of documents and information you’ll be asked for when you apply.
How to Ask Money Talks News
You can submit a question for the Ask Money Talks News series for free. Here’s how:
- Hit “reply” to the Money Talks Newsletter.
- Change the email subject line to Ask Money Talks News.
- Put your question in the email. Make sure to include enough detail for us to fully understand your question and any relevant context — but keep it all under 50 words.
- Hit “send.”
We can’t answer every question we receive, of course, but we do prioritize questions from Money Talks News members and questions that apply to a majority of our audience.
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