My family member is 61, and is divorced and remarried. Her first marriage lasted over 10 years, and he earns much more than her, as she is disabled.
Does her former spouse have to be dead for her to collect on his social security? Can she start collecting at her target age, and than reapply for his benefit at a later time if he passes before her?
Also, if she is disabled, does the same rule apply about making less at 62 than she would at her target age?
A quick google search shows that a person can collect their former spouses Social Security if they were married at lease 10 years, but they cannot be remarried. Since she is remarried, it looks like she won’t qualify.
will she qualify for present spouse Social security before she collects hers, and does she have to be married a full 10 yrs.
My next door neighbor is in that situation. She lost her husband to cancer over 20 years ago. Then met a nice guy. He proposed and she got the ring. But they decided not to actually get married when they both discovered what they both would lose if they tied the knot. He is now 88 and very feeble, can not walk, or do much else. She is 80 and healthy and his caregiver. But I think they made the right decision.
Thank you for your reply. He was 68 when he met her and she was 60. They would have lost their previous spouse benefits had they married. He was smart, as she was younger, and has avoided him going into a nursing home! They avoided more than one pitfall.
To qualify for a spousal benefit, you must be at least 62. I don’t think there is a minimum length of time married to collect on a current spouse. To collect a survivor benefit, you must have been married 10 months.
A remarriage after age 65 will not cause one to lose spousal benefits from an ex-spouse.
ok, does the ex spouse have to pass for her to collect on him after 65? Also, how does her being on disability effect things?
If she is on disability when he passes and 62 or older, can she still have her payment changed to reflect spousal benefits?
Spousal and survivor benefits have different rules for eligibility. If collecting a spousal benefit, upon the death of the primary beneficiary, it should automatically transition to a survivor benefit.
If remarried before age 65, one cannot collect on an ex-spouse so long as one is married. This applies to both spousal and survivor benefits. The ex-spouse does not have to be deceased to collect a spousal benefit.
I don’t know how transitioning from a disability benefit to a spousal or survivor benefit works, other than you’d have to file for it.
You may be able to find an answer here:
Ask Larry Topic: Disabled Widow(er) Benefits or in one of the other answered questions.
This one looks close to what you’re asking