CARES Act questions
your husband’s work record only if he has applied for and is receiving Social Security benefits.
If you are eligible for Social Security benefits based on your work record, you can apply for those benefits as soon as possible, which can begin as soon as you remarry. In that way, you would not have to wait a year before receiving some Social Security benefits.
I advise you to inform the Social Security Administration when you do remarry, so you no longer receive spousal payments. Otherwise, SSA will ask you to repay all the Social Security benefits you receive after you remarry based on your ex’s work record.
One other relevant issue. If you remarry after you reach age 60, you will be eligible for widow’s benefits if your ex predeceases you. Those benefits would be 100% of his full retirement age benefit. You would be entitled to whichever amount is greater, those widow’s benefits or the spousal benefits based on your new husband’s work record. Because the spousal benefits based on your remarriage would only be as much as 50% of your new husband’s benefit, it is likely that a widow’s benefit based on 100% of your ex-husband’s work record at full retirement age would be greater.
Remarrying after age 60 entitles you to this option. If you remarry prior to 60, this option is not available to you.
Elliot Raphaelson welcomes your questions and comments at raphelliot@gmail.com.