Yes, you can. Notify the Social Security Administrationthat you were married more than once and may qualify for benefits on more than one spouse's earnings record. They will be able totell youwhich record provides the higher payment and set your benefit accordingly.
Which one that is will depend on several factors, including each spouse's earnings history and the age at which you claim asurvivor benefitor divorced-spouse benefits.
As a widow or widower, you can collect survivor benefitsfrom age 60 (50 if you are disabled), provided the marriage lasted at least nine months. In most cases the amount is based on what the deceased was getting from Social Security at the time of death (or, if they had not yet filed for benefits, what they would have been entitled to get). You can collect between 71.5 percent to 100 percent of the late spouse's payment, depending on your age when you claim survivor benefits.
The minimum age of eligibility to collect benefits on the record of a living former spouse is 62. Ex-spouse benefits are based on your former mate's primary insurance amount — the monthly benefit he or she is entitled to at full retirement age. You must have been married for at least 10 years. Divorced-spouse benefits range from 32.5 percent to 50 percent of your ex's benefit, depending on your age when you file.
Keep in mind
- If you marry a third time, you might not qualify for either type of benefit. You cannot collect divorced-spouse benefits if your ex is still alive and you remarry, except under very limited circ*mstances. For survivor benefits, you lose eligibility if you remarry before age 60 — 50 if you are disabled — but the government has no problem if you get hitched past that age.
- If your own retirement benefit is bigger than what you'd get on any former spouse's record, that's what you'll get. Social Security does not add multiple benefits together— it will only pay you the highest one each month.
FAQs
A Social Security spousal rule that has been around for decades officially ends this year for everyone except those who turned 70 on Jan. 1, 2024. The rule allows recipients to switch between their benefits and their spouses to receive the maximum amount.
How does a second marriage affect Social Security benefits? ›
However, if you receive benefits based on a former spouse's work history, getting remarried will typically cut them off in favor of your new spouse's work history. In addition, if you receive Supplemental Security Income (SSI) benefits, remarriage can change your assets and lead to a change in payments.
Can a second wife collect Social Security from her husband? ›
If you've been married multiple times, your current and former spouses could be eligible for Social Security benefits based on your earnings record, subject to certain requirements.
What is the marriage rule for Social Security? ›
Qualifying spouse beneficiaries must be married to the retiring spouse for at least one continuous year prior to applying for benefits, with certain exceptions. Yes, up to 50 percent of spouse's PIA if spouse is still living.
What is the Social Security spousal benefits loophole? ›
What you may not realize is that your spouse may also be able to receive Social Security benefits. In fact, they don't even have to have reached retirement age to qualify for these benefits. They may be eligible, through this loophole, if they are serving as a caregiver at home for your child with disabilities.
Does wife get half of husband's Social Security? ›
Social Security Program Rules
The wife of a retired worker is eligible for a spousal benefit of up to 50 percent of her husband's primary insurance amount ( PIA ), if claimed at her full retirement age ( FRA ).
When my husband dies, do I get his Social Security and mine? ›
If the deceased reached retirement age, the surviving spouse can receive whatever the deceased was entitled to in the month of their death. Similarly, if the deceased already received monthly payments, the surviving spouse is entitled to what they received in the month of their death.
Which wife gets the Social Security? ›
If you are married and you and your spouse have worked and earned enough credits individually, you will each get your own Social Security benefit.
What happens to Social Security when two people get married? ›
The Social Security Administration automatically pays each married individual the larger of their own Social Security benefit or their spousal benefit.
Can I stop my ex-wife from getting my Social Security benefits? ›
In your divorce agreement you may have given up the right to his retirement account from his work, but you can never give up the right to draw Social Security. Remember, drawing a Spousal benefit won't reduce the amount your ex spouse can get!
In this common situation, the optimum strategy is often to have the husband begin his Social Security benefits at age 70, with the wife starting her Social Security benefits at her full retirement age, or even earlier.
Do I get my ex-husband's Social Security if he dies? ›
A surviving spouse, surviving divorced spouse, unmarried child, or dependent parent may be eligible for monthly survivor benefits based on the deceased worker's earnings. In addition, a one-time lump sum death payment of $255 can be made to a qualifying spouse or child if they meet certain requirements.
What benefits will I lose if I get married? ›
Views: If you get Social Security disability or retirement benefits and you marry, your benefit will stay the same. However, other benefits such as SSI, Survivors, Divorced Spouses, and Child's benefits may be affected.
What is the Social Security 5 year rule? ›
The Social Security 5-year rule refers specifically to disability benefits. It requires that you must have worked five out of the last ten years immediately before your disability onset to qualify for Social Security Disability Insurance (SSDI).
What is the marriage penalty for Social Security? ›
SSI eligibility, payments, and asset limits are determined at the federal level by the Social Security Administration. Currently, when two people who rely on SSI get married, their monthly income benefit is reduced by 25%.
Can a wife collect her own Social Security and then switch to spousal benefit? ›
If you claim your regular Social Security benefit before your higher-earning spouse does, you have the option of switching to spousal benefits at a later date when (or after) your spouse decides to file.
Can a divorced wife collect her ex-husband's Social Security? ›
According to the Social Security Administration, you can receive your ex-spouse's benefits based on your own record as long as you were married for at least 10 years.
When a husband dies, does his wife get his Social Security? ›
Surviving spouse, any age, with a child younger than age 16, gets 75% of the worker's benefit amount. Child gets 75% of the worker's benefit amount. There's a limit to the benefits we can pay to you and other family members each month. The limit varies between 150% and 180% of the deceased worker's benefit amount.
What percentage of a husband's Social Security does a wife get? ›
For a spouse who is not entitled to benefits on his or her own earnings record, this reduction factor is applied to the base spousal benefit, which is 50 percent of the worker's primary insurance amount.
