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Zainab Ibrahim

Will ex-spouse lose Social Security spousal benefits after remarrying? How does SSA know?

I'm helping my mother navigate a confusing Social Security situation. She's 67 and collecting benefits based on my father's record (they were married 23 years before divorcing in 2008). Dad has a much higher benefit amount, so Mom gets that spousal "top-up" on her own smaller benefit. Here's where it gets complicated - Mom is planning to remarry her boyfriend next summer. She's worried about losing her current benefit amount, but isn't sure how the SSA would even know about the marriage. Does she need to report it herself? Will her benefits automatically stop? And most importantly, if she does lose the ex-spousal benefit after remarrying, will her payment just drop to her own smaller amount? She's on a fixed income and really can't afford a significant reduction. Any insights from people who've dealt with this situation would be incredibly helpful!

Yes, your mother will lose her ex-spousal benefits when she remarries. Social Security regulations are very clear on this - once you remarry, you can no longer collect on an ex-spouse's record except in survivor benefit situations (which don't apply here since your father is still living). Her benefit will revert to her own retirement benefit amount only. As for reporting, yes, she is legally required to report the marriage to SSA. They may eventually find out through marriage records or tax filings, but she should proactively report it to avoid potential overpayments that she'd have to pay back. Has she considered what the financial impact will be switching to just her own benefit?

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Thank you for confirming what I feared. Mom's own benefit is about $1,450 vs. the $2,175 she gets now with the ex-spousal boost. That's a huge drop for her! I wonder if it would make more financial sense for them to just live together without legally marrying? I hate that she has to choose between love and financial security.

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my frend didnt report her remarriage for almost 2 years and then got hit with a HUGE overpayment notice!!! had to pay back like 20k to SSA. they found out when she filed taxes jointly with new husband. very messy situation dont recommend!!!

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Yikes! That's exactly what I'm worried about. Mom definitely can't afford to pay back anything. I'll make sure she knows how serious this is.

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Wait a second - what if your mom's new husband has a higher benefit than her ex? Would she be eligible to claim spousal benefits on HIS record after they marry? That might offset some of the loss, right? Worth looking into before they make any decisions.

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Hmm, that's a really good point I hadn't considered! Her boyfriend is 72 and worked as a construction foreman most of his life, so he might have a decent benefit. I'll ask her to find out what his benefit amount is. Thanks for giving us another angle to explore!

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I went through EXACTLY this when I remarried at 66!!! The SSA office told me I had to report within 10 days of the marriage ceremony. They gave me a form to fill out (can't remember the number) and my benefit dropped the following month. It was AWFUL going from $2340 to just $1625. My husband and I should have just lived in sin LOL!!!

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living in sin lol. but for real thats what my parents did after they both got divorced. they been together 15 years but never got married cuz of the ss benefits thing. makes sense tbh

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I'd recommend your mother book an appointment at her local Social Security office or call them directly to discuss her specific situation before the wedding. The rules around marriage and benefits can be complicated, and there might be aspects of her situation we're missing. One thing to note is that the Social Security Administration doesn't automatically get notified of marriages. They rely on self-reporting and periodic information exchanges with other agencies. But failing to report is considered fraud and can result in penalties beyond just repaying benefits. Your mother should weigh her options carefully. Some couples in this situation choose to have a commitment ceremony without legally marrying specifically to preserve benefits. Others determine that marriage is worth the financial impact.

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Thank you for the thoughtful response. Getting an appointment with SSA has been almost impossible though... we've been trying for weeks with no luck. Mom keeps getting disconnected when calling the 800 number. Is there any trick to actually talking to someone there?

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I was in this EXACT situation and couldn't get through to ANYONE at Social Security for WEEKS!!! Finally found this service called Claimyr that got me through to an agent in under 10 minutes. It was amazing after all the frustration. You can check them out at claimyr.com - they have a video showing how it works here: https://youtu.be/Z-BRbJw3puU. Seriously saved my sanity when I needed to figure out how remarriage would affect my benefits.

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Oh wow, I've never heard of this service before. I'm definitely going to check this out! Mom's been stressing about getting actual answers from a real person. Thank you!

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does this really work? i tried calling ss for 3 days last month and gave up

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While everyone is focused on whether she should marry or not, there's another angle here. If her boyfriend has a higher benefit amount than her ex-husband, she should absolutely get married because then she could claim the higher spousal benefit on his record instead! But if his benefit is lower than her ex's, then yes, financially it makes more sense not to legally marry. The SSA doesn't care about relationship status - only legal marriage.

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This is a great point. I'll have Mom ask her boyfriend about his benefit amount. He worked over 40 years at his job, so it might be substantial. Would she get 50% of his benefit if it's higher than her own?

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Just to clarify - if she remarries, she could get up to 50% of her new husband's full retirement age benefit amount if that's higher than her own benefit. But she wouldn't get both her own benefit AND the spousal benefit - it would just be the higher of the two.

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dont forget taxes!!! might change her tax situation too if they get married vs just living together

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Great point about taxes - I hadn't even thought about that angle. This is getting complicated fast!

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To summarize what everyone has said: 1. Yes, remarriage will terminate her ex-spousal benefits 2. She is legally required to report the marriage to SSA 3. Her benefit would revert to her own retirement amount 4. After marriage, she may be eligible for spousal benefits on her new husband's record 5. If she doesn't report the marriage and SSA discovers it later, she'll face overpayment recovery 6. Some couples choose not to legally marry to preserve benefits This is ultimately a personal decision balancing financial and emotional factors. Whatever she decides, make sure she understands all implications and reports any changes appropriately to avoid future complications.

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Thank you for this clear summary. I'm going to discuss all these options with Mom this weekend. I appreciate everyone's helpful advice - this has given us a lot to consider before she makes any decisions.

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I'm a Social Security case worker and wanted to add some clarification on a few points that have come up in this discussion. First, yes, remarriage does terminate divorced spousal benefits, but the timing matters - benefits stop the month after the month of remarriage, not immediately. Second, regarding reporting requirements, you have 10 days after the event to report changes, but I always recommend doing it as soon as possible to avoid complications. Third, when comparing potential spousal benefits on a new husband's record, remember that if your mother is already receiving her own retirement benefit, she would receive the higher of either her own benefit OR the spousal benefit (up to 50% of her new husband's PIA), not both combined. Finally, I'd strongly recommend getting actual benefit estimates from SSA before making this decision - the numbers matter too much to guess. The my Social Security online portal can provide benefit estimates, or she can request them by phone once she gets through to an agent.

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