You may be familiar with SSA spousal eligibility. If you’re currently married with at least one year duration of marriage or the biological parent of their child, you are eligible as a spouse on their SSA record if your primary rate (rate payable at full retirement age) is less than half of your spouse’s primary rate.
So what happens in the event of a divorce? You are still eligible on your spouse’s earnings record if the duration of your marriage was over 10 years AND the divorce is final for at least 2 years. SSA is not restricted in entitling a divorce spouse based on any state divorce decree, it is a federal entitlement. No number holder can prevent a divorced spouse from filing on their earnings record and the entitlement of a divorced spouse does not affect any current spouse or child potential benefit rates on the same earnings record.
What happens if your spouse dies? You are eligible for a widow(er) benefit at age 60, you do not have to wait until 62. If you are disabled, you are eligible on their record as early as age 50. To receive survivor benefits you must meet 9 months duration of marriage unless an exception applies, such as accidental death or death in the line of military duty.
So, now you’ve met someone and are thinking of remarriage. For survivors, remarriage over age 60 does NOT affect entitlement. What does this mean? If your entitled as a widow(er) and you remarry, the new marriage does not terminate your widow(er) benefit. You could become eligible as a spouse on your new spouse’s earnings record or have a possible higher widow(er) rate from the new spouse should they predecease you.
Some people find themselves in possible triple entitlement situations, where they are the survivor of 2 or more spouses. If this occurs, the SSA rep should provide all benefit rates payable to you and typically entitle you to the most beneficial first with possibility of even higher entitlement at age 70 on your own earnings record.
I have had clients state they want nothing from a particular spouse and are not interested in filing on their record due to personal reasons. SSA should present you with the benefit rate regardless of any personal disdain, sometimes that spouse is the highest benefit rate payable. I have never experienced any applicant restrict entitlement to a lower benefit record once they were aware of the higher one. Be sure you get all of your options prior to any final decisions.
As always, be mindful of any SSA eligibility as you plan your retirement, reach out if you have further questions.
Maryellen Eckert
SSA Specialist
