Can I still get Ex-Spouse Social Security benefits if I remarry after age 60?
I've been trying to figure out my Social Security strategy and I'm confused about remarriage rules. I was married for 22 years to someone who earned significantly more than me. I did earn my 40 quarters, but it was at low-wage jobs in my 20s, so my benefit will be small (around $1,100/month at FRA). I'll be receiving a state teacher's pension of about $2,600/month, but with the new SS Fairness Act, I understand the WEP/GPO penalties are being phased out. Here's my situation: I just turned 60 last month, and I've been dating someone for 2 years who's hinted about marriage. My ex is 55 and still working (earning around $160k yearly). I'm planning to wait until 67 (my FRA) to claim any benefits. If I remarry now, do I completely lose access to my ex's higher benefit amount for spousal benefits? And what about survivor benefits - if my ex passes away (he has serious health issues and family history of heart disease), can I claim survivor benefits based on his record if I've remarried? The age 60 remarriage rules are confusing me. Any insights would be really appreciated!
20 comments


Amara Okafor
Yes, you can remarry after 60 and still qualify for survivor benefits from your ex-spouse if he passes away. However, for spousal benefits (when he's alive), remarriage at any age prevents you from collecting on your ex's record. You'd need to remain unmarried to get the spousal top-up from his record. The SS Fairness Act is great news for you with that teacher's pension! Starting in 2025, you'll see reduced impact from WEP/GPO, and by 2045 it'll be completely eliminated. I'd suggest running calculations both ways - what you'd get as a spouse on your own record vs. what you might get as a survivor eventually. Since he's younger than you, you'll likely be on your own record (or new spouse's) for several years before survivor benefits would even be an option.
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Liam Sullivan
•Thank you! So to clarify - if I remarry now, I can NEVER get any spousal benefits based on my ex's record while he's alive, but I COULD get survivor benefits if he passes away? Is that correct? This is more complicated than I thought.
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CosmicCommander
my mom went thru this exact thing!! she remarreid at 62 and couldnt get anythng from my dad (her ex) while he was alive but when he died she got survivors benefits even tho she was remarried. so yeah u can remarry after 60 and still get survivors but not spousal. its dumb but thats how SS works lol
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Liam Sullivan
•Thanks for sharing your mom's experience - that's really helpful to hear from someone who's been through it. So it sounds like the remarriage after 60 rule only applies to survivor benefits, not regular spousal benefits. That's an important distinction I wasn't clear on.
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Giovanni Colombo
Your understanding of the Social Security rules regarding remarriage is partially correct, but let me clarify the specifics: 1. Spousal Benefits: If you remarry at ANY age, you cannot collect spousal benefits on your ex-spouse's record. You would need to remain unmarried to qualify for a spousal benefit from your ex. 2. Survivor Benefits: If you remarry AFTER age 60, you can still qualify for survivor benefits on your ex-spouse's record if he passes away. This is why the age 60 threshold is important. 3. Regarding the pension: The Social Security Fairness Act will indeed help you by gradually eliminating WEP/GPO. The phase-out starts in 2025 with a $150 reduction in the penalty, increasing by $100 each year until fully eliminated. This is significant for someone with a teacher's pension. 4. Timing: Since your ex is only 55, he isn't even eligible for benefits yet. You'd need to wait until he files for his own benefits before you could file for spousal benefits on his record (and only if you remain unmarried). However, for survivor benefits, you could claim those if he passes away regardless of whether he had filed for benefits or not. I'd recommend getting a benefits calculation from SSA before making any decisions about marriage that might impact your benefits. The financial difference could be substantial.
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Fatima Al-Qasimi
•WAIT WHAT?? So the GPO/WEP is actually going away??? I thought that bill died in committee AGAIN!! Is this for real?? I'm a retired firefighter with a pension and this would be HUGE news!!
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Giovanni Colombo
To add to my previous response: Given that you'll have your own retirement benefit, a potential new spouse's benefit to consider, and potentially survivor benefits from your ex in the future, you should really run the numbers for each scenario. The spousal benefit is generally up to 50% of your ex's FRA benefit amount, while survivor benefits can be up to 100% of what he was receiving (or would have received). The difference between these two can be very significant - potentially thousands of dollars per month. One strategy to consider: If you're planning to remarry, and the financial impact of Social Security is important to you, you might want to calculate the difference between spousal and survivor benefits. If there's a large gap, and if you're in a position to choose when to marry, waiting until after you turn 60 preserves your eligibility for survivor benefits while giving up spousal benefits.
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Liam Sullivan
•Thank you for this detailed explanation! Since I'm already 60, I guess the main question is whether the potential spousal benefits I'd give up by remarrying are worth more than what I might get from my new husband's record. My boyfriend has a modest earnings record, definitely lower than my ex. This gives me a lot to think about.
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Dylan Cooper
I went through almost the exact same situation! The SSA pamphlets don't explain this well, but here's what I learned through my experience: 1. You LOSE spousal benefits from an ex if you remarry at ANY age 2. You KEEP survivor benefits eligibility if you remarry AFTER 60 I remarried at 61 and couldn't get spousal benefits from my ex (who was a high earner). When my ex passed away 3 years later, I was able to apply for and receive survivor benefits even though I was married to someone else. One thing nobody mentions - the local SS offices are often confused about these rules too! When I first applied for survivor benefits, the rep incorrectly told me I wasn't eligible. I had to call back multiple times until I got someone who knew the rules correctly. The whole system is a mess.
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Sofia Ramirez
•I tried calling SS for WEEKS about a similar situation and could never get through! Always busy signals or disconnects after waiting on hold forever. Absolutely infuriating when you're trying to make important life decisions.
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Fatima Al-Qasimi
I HATE these ridiculous SS rules!!! Why should marriage status have ANYTHING to do with benefits you EARNED through a previous marriage?? Its ABSURD that they punish people for getting remarried! My sister lost THOUSANDS because she remarried at 59 - just ONE YEAR shy of the cutoff for survivor benefits! And don't even get me started on that WEP/GPO garbage - I'll believe that repeal when I see it. They've been promising to fix it for DECADES!!
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CosmicCommander
•i know right?? my aunt got remarried 2 months b4 turning 60 and had no idea about this rule. cost her like $1500 a month in benefits when her ex died the next year. so unfair!
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Amara Okafor
To address the GPO/WEP question that came up - yes, the Social Security Fairness Act was actually passed! It's being phased in gradually starting in 2025. The penalties will reduce by $150 in the first year and then $100 per year after that until they're completely eliminated. It's a huge win for public servants with pensions who also have Social Security eligibility. Regarding the original question about remarriage: One thing to consider is that since your ex is only 55, you won't be able to claim spousal benefits on his record until he files for his own benefits (which would be at earliest when he turns 62, in 7 years). So there's quite a time gap to consider in your planning. Also, remember that survivor benefits can be claimed as early as age 60 (with reduction) or at your FRA for the full amount. This might be relevant if your ex passes away before you reach your FRA.
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Liam Sullivan
•That's a really good point about the timing. I hadn't considered that even if I remain unmarried, I can't claim on his record until he files, which could be years from now. Since I'm already 60 and he's 55, there's at least a 7-year gap before I could even potentially claim spousal benefits. That definitely changes my calculation.
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Sofia Ramirez
What about if you divorce your second husband? Do you then become eligible again for the first ex's spousal benefit? My friend's mom got remarried, then divorced again, and she swears she was able to go back to claiming on her first husband's record. Anyone know if this is actually allowed?
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Giovanni Colombo
•Yes, if you get divorced from a second marriage, you can once again become eligible for benefits based on your first ex-spouse's record, provided: 1. Your second marriage has ended (by divorce, annulment, or death) 2. You're unmarried currently 3. Your first marriage lasted at least 10 years 4. You're at least 62 years old So your friend's mother's situation is entirely possible and follows SSA rules. This is another consideration for the original poster - if a second marriage doesn't work out, she could regain eligibility for those ex-spouse benefits.
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Dmitry Volkov
My sister jst went thru all this last year - the SS people told her she shud wait till FRA (her full retirement age) to file for anything bcuz then she'd get the maximum. The rules are super complicated tho, they change all the time + every situation is different. Best thing is to actually talk to SS directly about YOUR specific case. Might have to wait on hold forever but its worth it.
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Liam Sullivan
Thank you all so much for the helpful information! I've learned so much from this discussion. Based on everything shared, I think I'm going to: 1. Schedule an appointment with SSA to get exact benefit calculations for different scenarios 2. Consider that my ex won't even be eligible to file for 7+ years (when he's 62+) 3. Remember that remarriage would eliminate spousal benefits but not survivor benefits 4. Factor in the WEP/GPO phase-out timeline for my pension The timing elements are particularly important - I hadn't fully considered the age gap between me and my ex. Even if I stay single, I can't get spousal benefits until he files, which is years away. It's a lot to consider, but I feel much better informed now. I appreciate everyone sharing their experiences and knowledge!
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Sofia Perez
Great summary of your action plan! One additional tip - when you call SSA, ask them to run calculations for both your own benefit record AND what spousal benefits would look like on your ex's record (using his current earnings). They can give you estimates even though he hasn't filed yet. This will help you see the actual dollar difference between staying single for spousal benefits vs. remarrying. Also, since you mentioned your ex has health issues, you might want to ask about survivor benefit amounts too - that could be significantly higher than spousal benefits and would be available regardless of your marital status (since you're already over 60). The WEP/GPO phase-out is definitely real - I work in benefits administration and we're already preparing for the 2025 changes. For someone with a $2,600 teacher's pension, you'll see meaningful increases in your Social Security benefits over the next few years. Good luck with your decision!
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Jade Lopez
•This is such great advice! I'm new to navigating Social Security but going through a similar situation. @Sofia Perez - when you mention asking SSA to run calculations using current earnings, do they actually have access to see what someone s'projected benefit would be even if they haven t'filed yet? I m'wondering if they can estimate based on his current $160k salary or if they d'need his complete earnings history. Also, is there a specific form or process for requesting these multiple scenario calculations, or do you just explain your situation when you call?
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