What is the Social Security weird marriage rule?

Asked by: Joanny Bashirian  |  Last update: September 17, 2025
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Under Social Security's rules however, if you remarry before age 60 you are no longer eligible to receive the survivor benefit based on a late spouse's (or ex-spouse's) record. This ineligibility continues for the duration of your marriage that occurred before age 60.

What is the new Social Security spousal rule?

Last Updated: July 15, 2024

If you don't have enough Social Security credits to get benefits on your own work record or your own benefit is small, you may be able to receive benefits as a spouse. Your spouse must be receiving benefits for you to get benefits on their work record.

What is the loophole for married couples Social Security?

The first exception, which can be deemed as the Social Security spousal benefits loophole, works where an individual who remarries at 60 or later may still be entitled to Social Security survivors' benefits if the second marriage ends before the death of the first spouse.

How much does a wife get of her husband's Social Security if he dies?

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 is the Social Security remarriage rule?

A widow(er) is eligible to receive benefits if she or he is at least age 60. If a widow(er) remarries before age 60, she or he forfeits the benefit and, therefore, faces a marriage penalty. Under current law, there is no penalty if the remarriage occurs at 60 years of age or later.

Social Security Spousal Benefits - MADE EASY to Understand

22 related questions found

Can 2 ex wives collect husband's Social Security?

If the spouses divorced, the marriage must have lasted 10 years. Each survivor benefit can be up to 100% of your benefit. The amount may be reduced if the women start benefits before their own full retirement age, but they don't have to share — the amount isn't reduced because you've had more than one spouse.

When my husband dies, do I get his Social Security and mine?

You cannot claim your deceased spouse's benefits in addition to your own retirement benefits. Social Security only will pay one—survivor or retirement.

How do I get the $16728 Social Security bonus?

Specifically, a rumored $16,728 bonus that had people wondering if it was true or not in 2024? Sadly, there's no real “bonus” that retirees who receive Social Security can collect.

What not to do when your spouse dies?

What Not to Do When Someone Dies: 10 Common Mistakes
  1. Not Obtaining Multiple Copies of the Death Certificate.
  2. 2- Delaying Notification of Death.
  3. 3- Not Knowing About a Preplan for Funeral Expenses.
  4. 4- Not Understanding the Crucial Role a Funeral Director Plays.
  5. 5- Letting Others Pressure You Into Bad Decisions.

Do I get my ex-husband's Social Security if he dies?

you're eligible for some of your ex's Social Security

wives and widows. That means most divorced women collect their own Social Security while the ex is alive, but can apply for higher widow's rates when he dies.

What is the weird marriage rule for Social Security?

Under Social Security's rules however, if you remarry before age 60 you are no longer eligible to receive the survivor benefit based on a late spouse's (or ex-spouse's) record. This ineligibility continues for the duration of your marriage that occurred before age 60.

What is the 10 year rule for Social Security?

If you've worked and paid taxes into the Social Security system for at least 10 years and have earned a minimum of 40 work credits, you can collect your own benefits as early as age 62.

What benefits will I lose if I get married?

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 are the three ways you can lose your Social Security?

Indeed, here are three ways you can lose at least part of your Social Security benefit.
  • No. 1: Keep working while taking benefits early. ...
  • No. 2: Be a substantially lower-earning spouse. ...
  • No. 3: Be alive in 2034. ...
  • Social Security still provides an important foundation for retirement.

Can I stop my ex-wife from getting my Social Security?

This is good news when former spouses are not on good terms. Your ex cannot “block” you from drawing your spousal benefit. In fact, he probably won't even know if you are drawing off him unless he calls SSA to ask.

What is the best Social Security strategy for married couples?

Either spouse can maximize their regular Social Security benefit amount by waiting past their full-retirement age to apply, up to age 70. Benefits generally increase 8% each year filing is delayed.

Does the first wife get everything when her husband dies?

Only about a third of all states have laws specifying that assets owned by the deceased are automatically inherited by the surviving spouse. In the remaining states, the surviving spouse may inherit between one-third and one-half of the assets, with the remainder divided among surviving children, if applicable.

Why shouldn't you always tell your bank when someone dies?

If you contact the bank before consulting an attorney, you risk account freezes, which could severely delay auto-payments and direct deposits and most importantly mortgage payments. You should call Social Security right away to tell them about the death of your loved one.

What happens if my husband died and my name is not on the deed?

In many cases, the spouse can inherit your house even if their name was not on the deed. This is because of how the probate process works. When someone dies intestate, their surviving spouse is the first one who gets a chance to file a petition with the court that would initiate administration of the estate.

How to get $3000 a month in Social Security?

Exactly how much in earnings do you need to get a $3,000 benefit? Well, you just need to have averaged about 70% of the taxable maximum. In our example case, that means that your earnings in 1983 were about $22,000 and increased every year to where they ended at about $100,000 at age 62.

At what age is Social Security no longer taxed?

Social Security income can be taxable no matter how old you are. It all depends on whether your total combined income exceeds a certain level set for your filing status. You may have heard that Social Security income is not taxed after age 70; this is false.

What are three ways you could lose your pension?

The Bottom Line. A number of situations could put your pension at risk, including underfunding, mismanagement, bankruptcy, and legal exemptions. Laws exist to protect you in such circumstances, but some laws provide better protection than others.

What is the first thing you should do when your husband dies?

10 things you need to do when your spouse dies
  • Get legal, tax and financial advice.
  • Make funeral arrangements.
  • Apply for government benefits.
  • Contact your spouse's past and recent employers.
  • File life insurance claims.
  • Call your bank or other financial institutions.

What percentage of a husband's Social Security does a wife get?

The percentage of your spouse's full retirement benefit that you receive could be as little as 32.5% at age 62. It steps up gradually to 50% as you near your full retirement age, which is 65, 66, or 67, depending on your birth year. And don't bother delaying your spousal benefits past your full retirement age.

What is a widow entitled to when her husband dies?

If your spouse built up entitlement to the State Second Pension between 2002 and 2016, you are entitled to inherit 50% of this amount; PLUS. If your spouse built up entitlement to Graduated Retirement Benefit between 1961 and 1975, you are entitled to inherit 50% of this amount.