South Florida Sun-Sentinel (Sunday)
Marriage and Social Security
Q: Although my marriage to my ex lasted more than 10 years, I was divorced and remarried him again. Am I eligible for a Social Security benefit based on his work record? Am I eligible for a survivor benefit? I am now single.
A: Social Security regulations indicate that a spousal benefit is available for a divorced person only if the marriage lasted 10 years. The 10 years do not have to be consecutive. However, you would be eligible for a spousal benefit only if there was a gap of less than one year before the second marriage. If the gap was longer than one year, then the clock starts again. In that situation, one of the two marriages had to last 10 years in order for you to be eligible for a spousal benefit.
Even if you meet the 10-year requirement, you would only be eligible for a spousal benefit if you are single. You would also be eligible for survivor benefits at age 60 or older, based on your ex’s work record, even if you marry again after age 60.
Q: I am single. I am now 67 and plan on working until 70, at which point I intend to apply for a Social Security benefit. My marriage to my deceased husband only lasted seven years, not
10. Am I entitled to survivor benefits? A: Survivor benefits are not dependent on a marriage lasting 10 years. The
10-year requirement is only related to a marriage to an ex-spouse. You are entitled to a survivor benefit if your deceased spouse worked long enough under Social Security to earn 40 credits of work. Because survivor benefits are independent of benefits associated with work you did under Social Security, you are entitled to survivor benefits now. As long as your marriage lasted at least nine months, you are eligible for a survivor benefit. You can still apply for a benefit based on your work record at 70. You are entitled to that benefit as long as it exceeds the survivor benefit you apply for and receive.
Q: I am confused about benefits based on my previous marriage and my current marriage. I was divorced after 12 years of marriage, and had been receiving a spousal benefit from that marriage. I am 67 and plan on remarrying. How will this affect my spousal benefit and possible future survivor benefit?
A: Good question. Once you remarry, you will no longer be eligible for a spousal benefit from your ex. However, if your new spouse has already applied for his work-based benefit, after one year of marriage you will be entitled to a spousal benefit based on his work record.
Regarding survivor benefits, when you remarry after age 60, you are still eligible for a survivor benefit if your ex predeceases you. That benefit would be equal to 100% of the benefit he was receiving, not 50%. You would only be eligible for a survivor benefit from your ex if that benefit is greater than the benefit you would receive based on your work record and greater than the benefit you receive based on your new marriage.
Q: My husband retired from the Railroad Retirement (RR) system several years ago. He has been receiving a pension from that work. He never worked under Social Security. I understand that when I reach age 60 in a few years (I am 58 now), I will also be entitled to a pension from RR. Will that pension reduce my benefit from Social Security? I have worked many years under Social Security. Will any benefit my husband is entitled to based on my work record under Social Security be affected?
A: The benefit that a worker for the Railroad Retirement system and the benefit of his/her spouse are already coordinated with Social Security. This means that any benefits you and your husband are entitled to receive from Social Security will not be impacted by the Windfall Elimination Provisions (WEP) or the Government Pension Offset (GPO).