Will my new marriage at 60 affect ex-spouse Social Security benefits? 10-year rule questions
I'm really confused about Social Security marriage rules and hoping someone can clarify. I'm 60 years old and divorced (was married for 7 years in my 30s) and never remarried. I'm now considering getting married to my partner who's 53. My big question is: if I marry now, would I need to be married for a full 10 years before my new husband could collect spousal benefits on my record? And what about survivor benefits - do the same rules apply? I'm trying to make sure neither of us gets financially penalized by getting married. My work record is pretty solid but I want to understand all the implications before we make it official. Thanks for any insight!
16 comments
Omar Farouk
nope u dont have to be married 10 yrs for HIM to collect on YOUR record! the 10 yr rule is for divorced spouses to collect on their EX's record. since hes gonna be ur current husband, he can get up to 50% of ur benefit when he reaches full retirement age if its more than his own benefit. for survivor benefits he just has to be married to u for 9 months before u pass away unless its an accident then its different i think
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PixelPrincess
•Oh that's good to know! So if something happened to me, he'd be eligible for survivor benefits even though we just got married (assuming we're married at least 9 months)? That's a relief.
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Chloe Martin
I think there's some confusion here. Let me clarify the rules: 1. For SPOUSAL BENEFITS: Your new husband can receive up to 50% of your full retirement benefit once he reaches his full retirement age (which would be 67 for someone age 53), but only if that amount exceeds his own benefit. There's no 10-year marriage requirement for current spouses. 2. For SURVIVOR BENEFITS: Generally, your spouse must be married to you for at least 9 months before your death to qualify for survivor benefits (up to 100% of your benefit). There are exceptions to this length-of-marriage requirement in cases of accidental death or military service deaths. 3. Your PRIOR MARRIAGE: Since your previous marriage lasted less than 10 years, your ex-spouse cannot claim benefits on your record. And your remarriage won't affect any benefits based on your own work record. Hope this helps!
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Diego Fernández
•My sister got survivor benefits when her husband passed away just 6 months after they got married... because it was a car accident, the 9 month rule didn't apply. Just adding that in case it helps someone!
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Anastasia Kuznetsov
I went through something similar last year! The Social Security rules are SO confusing. I remarried at 62 after being divorced for 15 years. What nobody told me was that by remarrying, I lost the ability to claim on my ex-husband's record (we were married 22 years). So definitely check if you could get higher benefits by claiming on your ex-spouse's record BEFORE you remarry! But in your case since you were only married 7 years to your ex, you wouldn't qualify for ex-spousal benefits anyway, so nothing to lose by remarrying. And YES, the 9-month rule for survivor benefits is correct.
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PixelPrincess
•Thank you! I hadn't considered comparing benefits from my ex because I knew we didn't reach the 10-year mark. It's helpful to hear from someone who's been through a similar situation. These rules are definitely complicated!
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Sean Fitzgerald
WHY does everyone say Social Security is simple?!? The rules are TERRIBLE and the SSA phone lines are even WORSE! I spent THREE HOURS trying to get through last month when I had questions about my benefits after my husband died, and I kept getting disconnected. RIDICULOUS system that punishes seniors!
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Zara Khan
•I've been using a service called Claimyr that actually gets you through to a live Social Security agent without the wait. Saved me hours of frustration when I was dealing with my retirement application issues. Check out claimyr.com - they have a video showing how it works at https://youtu.be/Z-BRbJw3puU. Honestly, it's been a game changer for me since the local offices are always packed.
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MoonlightSonata
Some important points nobody has mentioned yet: 1. Your new husband being 53 means he can't claim spousal benefits for several years anyway (earliest would be age 62, but with significant reductions) 2. There's an important consideration about your filing strategy - if you claim your own retirement benefits early (before your FRA), and then your husband later claims spousal benefits, his spousal benefits will be reduced if you filed early 3. Since your new husband is 7 years younger than you, you should also think about how survivor benefits might play out if you pass away first - he would have to wait until at least age 60 to claim survivor benefits You might want to schedule an appointment with SSA to discuss your specific situation. Their representatives can run calculations based on both your earnings records.
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PixelPrincess
•Thank you for these additional points! I hadn't considered the age gap implications. I'll definitely try to schedule an appointment with SSA to look at our specific numbers. Really appreciate the detailed advice!
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Omar Farouk
btw my sister works at SSA and she says SO MANY people dont realize that if u get married after 60 it doesnt affect ur ability to claim ex-spouse benefits from a 10+ yr marriage... but that doesnt apply to u anyway since ur first marriage was only 7 yrs. just sharing in case others reading have longer marriages in their past!
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Diego Fernández
•Wait what? You can still get ex-spouse benefits if you remarry after 60??? I had no idea! But yeah, doesn't help OP since her marriage was too short.
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Anastasia Kuznetsov
Another thing to consider - if your fiancé has been married before, getting married to you could potentially affect HIS ability to claim ex-spouse benefits if that marriage lasted 10+ years. Just something else to think about! These Social Security rules have so many little details that most people don't know about until it's too late.
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PixelPrincess
•That's an excellent point! He was married for 6 years previously, so fortunately that's not an issue for us. But it's definitely something others should consider. Thank you!
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Diego Fernández
My uncle just got married at 72 and they didn't have to worry about any of this because they both already started collecting their benefits years ago. maybe u should just wait til ur both on ss before getting married? lol jk congrats on finding love later in life!
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PixelPrincess
•Haha, we've actually joked about that! But we're wanting to make things official sooner rather than later. Thank you for the kind words!
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