How Remarriage Affects Social Security Benefits
Whether getting married again changes your Social Security depends on one thing: whose work record your benefit is paid on. A benefit you earned yourself is yours whatever your marital status. A benefit paid on a former spouse's record, living or dead, comes with a condition about being unmarried, and the condition is different for each kind of benefit.
This guide goes through each benefit in turn, says what the new marriage can add, and works two examples with real numbers: a widow deciding whether to marry before or after 60, and a divorced retiree paid on a former spouse's record. The figures are computed with the same code as the ssa.tools calculator.
At a Glance
| The benefit you receive | If you remarry |
|---|---|
| Retirement or disability on your own record | No change |
| Divorced spouse's benefit on a living former spouse | Ends, unless your new spouse is on certain benefits. Can resume if the new marriage ends. |
| Widow's or widower's benefit on a late spouse or late former spouse | No change if you marry at 60 or later (50 if disabled). Blocked while the marriage lasts if you marry sooner. |
| Mother's or father's benefit for caring for a late spouse's child | Ends, unless your new spouse is entitled to Social Security benefits of almost any kind |
| Your children's benefits on a parent's record | No change |
The reverse case is simpler. If your former spouse remarries, nothing happens to your benefit, whatever kind it is. The rules look only at your own marital status.
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A wedding date can decide which Social Security records you are allowed to draw on. You can talk your situation through with a Social Security specialist at Social Security Advisors before you set one.
- They work out which of your records pays the most: your own, a former spouse, a late spouse, or the person you are marrying.
- They know the exceptions, such as marrying someone who is on certain benefits, that keep a benefit from ending.
- The first call is free, and you pick the time.
Your Own Retirement or Disability Benefit
A benefit based on your own earnings does not depend on your marital status, so marrying, divorcing, or marrying again leaves it alone. This is true of retirement benefits and of Social Security Disability Insurance. If your own benefit is larger than anything you could be paid on a spouse's record, remarriage cannot cost you anything while you are both alive, though it can still change what you would be paid as a survivor.
Benefits on a Living Former Spouse's Record
If you were married for at least ten years, you can be paid a divorced spouse's benefit of up to half your former spouse's full benefit. One of the requirements is that you are not married. When you marry, that benefit ends with the month before the month of the wedding.
There are two ways it continues or comes back:
- Your new spouse is on certain benefits. The benefit does not end if the person you marry is entitled to widow's or widower's, mother's or father's, divorced spouse's, parent's, or childhood disability benefits. Marrying someone who receives only a retirement benefit on their own record does not qualify.
- The new marriage ends. Once you are unmarried again, whether through death, divorce, or annulment, you meet the requirement again and can apply again on your first former spouse's record.
In exchange, you become eligible on your new spouse's record. Whether that is a good trade depends on how the two records compare.
Example: Dana, 67, paid on a former spouse's record
Dana's own full benefit is $900 a month. Her former husband's is $3,200, so at full retirement age she is paid up to half of his, $1,600: her own $900 plus $700 on his record. She is planning to marry Paul, whose full benefit is $2,000 and who has already claimed it.
| Unmarried | Married to Paul | |
|---|---|---|
| Her own benefit | $900 | $900 |
| Added on her former husband's record | $700 | $0 |
| Added on Paul's record | $0 | $100 |
| Monthly total | $1,600 | $1,000 |
Marrying Paul costs Dana $600 a month. Half of Paul's benefit is less than half of her former husband's, and she can be paid on only one of them. Because she was receiving a divorced spouse's benefit before the wedding, she does not have to wait a year to be paid on Paul's record. Had Paul's benefit been the larger of the two, the marriage would have raised her check instead.
The picture changes if Dana's former husband dies. She would then be a surviving divorced spouse, eligible for up to his full $3,200, and because she married Paul after 60, the marriage does not count against her. That is the rule the next section covers.
Survivor Benefits on a Late Spouse's Record
A widow or widower can be paid a survivor benefit of up to the late spouse's full benefit, starting as early as 60. The same benefit is available on a late former spouse after a marriage of at least ten years. For both, the regulation says you must be unmarried, unless you remarried after you became 60.
- Marry at 60 or later and the marriage is disregarded. You keep the survivor benefit if you are already receiving it and can still claim it if you are not.
- Marry before 60 and you cannot be paid as a widow or widower on your late spouse while the new marriage lasts. Turning 60 afterward does not help: what counts is your age on the wedding day.
- If that marriage ends, through death or divorce, you can be entitled again from the month it ended.
- If you are disabled, the age is 50. A marriage after 50 is disregarded if you were already receiving a disabled widow's or widower's benefit when you married, or if you met its disability requirements on the wedding day and claim it before you turn 60.
The day before your birthday counts
Social Security treats you as reaching an age on the day before your birthday. Its manual gives the example of a widow born on March 16, who can marry on March 15 of the year she turns 60, or any day after, and have the marriage disregarded. One day earlier and it is not.
Example: Carol, 58, deciding when to marry
Carol was born in 1969. Her husband died before claiming, with a full benefit of $2,800 a month. Her own full benefit is $1,100. She plans to marry Sam, who is her age and whose full benefit is $2,600. Her full retirement age is 67 for both retirement and survivor benefits.
| What Carol can be paid each month | Marries before 60 | Marries at 60 or later |
|---|---|---|
| From 60: survivor benefit, claimed early | Not available | $2,002 |
| From 62: her own benefit, claimed early | $770 | $770 |
| At 67: her own benefit | $1,100 | $1,100 |
| At 67: added on Sam's record | $200 | $200 |
| At 67: survivor benefit | Not available | $2,800 |
| The most she can be paid at 67 | $1,300 | $2,800 |
The rows do not all add together. Her own benefit and the amount on Sam's record are paid together, but a survivor benefit replaces both rather than adding to them. If Carol marries before 60, the most she can be paid at 67 is $1,300, her own benefit brought up to half of Sam's. If she marries at 60 or later, the survivor benefit of $2,800 is still hers. The difference is $1,500 a month, or $18,000 a year, for as long as she and Sam are both alive.
The gap opens earlier than 67. A survivor benefit can start at 60, two years before any retirement benefit. Married before 60, Carol has nothing to claim until 62. Married after, she could take $2,002 a month from 60, which comes to $48,048 over those 24 months, though starting that early fixes the survivor benefit at the reduced amount. The survivor benefits guide covers when to claim which benefit.
If Sam dies first, Carol is unmarried again and can be paid as a widow on either husband's record, whichever is larger, regardless of when she married Sam.
Benefits for Caring for a Late Spouse's Child
A surviving parent of any age who is caring for the late worker's child under 16, or disabled, can be paid a mother's or father's benefit. It ends when you remarry, whatever your age, with one exception: it continues if the person you marry is entitled to Social Security benefits of nearly any kind, including an ordinary retirement or disability benefit. The child's own benefit is separate and is not affected.
Children's Benefits
A child's benefit on a parent's record, whether that parent is retired, disabled, or has died, does not depend on the other parent's marital status. Your remarriage does not end it. The details of who qualifies and for how much are in our guide to children's benefits.
A new marriage can add a record for the child. A stepchild can be paid on a stepparent's record once the marriage has lasted a year (nine months if the stepparent has died), provided the stepparent supplies at least half the child's support. A child eligible on two records is paid on the one that gives the higher benefit.
A child's own marriage is a different matter. Benefits paid to a child, including an adult child disabled since before 22, end when the child marries, unless a disabled adult child marries someone entitled to Social Security retirement, disability, survivor, or disabled adult child benefits. Supplemental Security Income does not count.
What the New Marriage Adds
Marriage also opens your new spouse's record to you, and yours to them.
- Spousal benefits. Once your new spouse has claimed, you can be paid up to half their full benefit, less your own. The marriage must have lasted one year, unless you are the parents of a child together, or you were entitled to benefits as a spouse, divorced spouse, widow, or widower in the month before the wedding, or would have been had you applied and been old enough. Widows, widowers, and people already eligible on a former spouse's record meet that last exception and do not have to wait. See our guide to spousal benefits.
- Survivor benefits. If your new spouse dies, you can be paid up to their full benefit as a widow or widower. The marriage must have lasted nine months, with the same exceptions and a few more, such as an accidental death.
- One benefit at a time. Being eligible on several records, your own, a late spouse's, and a new spouse's, does not mean being paid on all of them. You receive your own benefit plus whatever it takes to bring you up to the largest of the others.
Supplemental Security Income Is Different
Everything above concerns Social Security benefits, which are based on work records. Supplemental Security Income is a separate program based on need, and marriage affects it directly at any age: some of the income of a spouse you live with is counted when your payment is figured, which can reduce or end it.
What to Do
- Find out whose record each of your benefits is paid on. Your award letter or your online Social Security account will say. If all of it is on your own record, remarriage will not reduce it.
- If you are a widow, widower, or surviving divorced spouse under 60, compare your late spouse's benefit with what you would have without it. If the survivor benefit is the larger, a wedding on or after the day before your 60th birthday keeps it.
- If you are paid on a living former spouse's record, compare half of their full benefit with half of your intended spouse's. Unless your new spouse is on one of the benefits listed above, the old record stops paying and only the new one can add to your own benefit.
- Enter your own earnings record and your intended spouse's in the calculator to see the spousal and survivor amounts on the new record.
- Tell Social Security when you marry. A benefit paid for a month after it should have ended is an overpayment, which you will be asked to repay.
Frequently Asked Questions
Will I lose my own Social Security if I remarry?
No. A retirement or disability benefit based on your own work record is never affected by marriage, divorce, or remarriage. Only benefits paid on someone else's record can change.
Can I remarry and keep my survivor benefits?
Yes, if you marry at 60 or later. If you are disabled, a marriage at 50 or later can also be disregarded, when you were receiving a disabled widow's or widower's benefit at the time or qualified for one and claim it before 60. A marriage before that age blocks widow's or widower's benefits on your late spouse for as long as the new marriage lasts, even after you turn 60. If that marriage ends through death or divorce, you can qualify again.
I collect on my ex-spouse's record. What happens if I remarry?
If your former spouse is living, the benefit paid on their record ends with the month before the month you marry. It continues only if the person you marry is entitled to certain benefits on someone else's record: widow's or widower's, mother's or father's, divorced spouse's, parent's, or childhood disability benefits. If your former spouse has died and you collect as a surviving divorced spouse, the age 60 rule for widows and widowers applies instead.
Does it matter if my ex-spouse remarries?
No. Your eligibility on a former spouse's record depends on your own marital status, not theirs. Their new spouse can also be paid on the same record without reducing your benefit.
How long do I have to be married to collect on my new spouse's record?
Normally one year for spousal benefits and nine months for survivor benefits. Both waits are waived if you were entitled to benefits as a spouse, divorced spouse, widow, or widower in the month before the wedding, or would have been had you applied and been old enough. They are also waived if the two of you are the parents of a child together.
Can I collect on my late spouse and my new spouse at the same time?
You can be eligible on both records, but you are paid only the largest benefit, not the sum. Marrying again never lets you stack benefits from two spouses.
How much can remarrying before 60 cost?
It depends on the records involved. In this guide's example, a widow whose late husband had a full benefit of $2,800 a month and whose own is $1,100 is paid $2,800 a month at 67 if she marries at 60 or later and $1,300 if she marries sooner, a difference of $18,000 a year.
Sources
- 20 CFR 404.330: Who is entitled to wife's or husband's benefits
- 20 CFR 404.331: Who is entitled to wife's or husband's benefits as a divorced spouse
- 20 CFR 404.332: When wife's and husband's benefits begin and end
- 20 CFR 404.335: How do I become entitled to widow's or widower's benefits?
- 20 CFR 404.336: How do I become entitled to widow's or widower's benefits as a surviving divorced spouse?
- 20 CFR 404.341: When mother's and father's benefits begin and end
- 20 CFR 404.352: When does my entitlement to child's benefits begin and end?
- 20 CFR 404.357: Who is the insured's stepchild?
- 20 CFR 404.407: Reduction because of entitlement to other benefits
- SSA POMS RS 00202.045: Remarriage of a Divorced Spouse
- SSA POMS RS 00207.003: How Remarriage Affects Widow(er)'s Benefits
- SSA POMS RS 00202.001: Definitions and Requirements for Spouse Benefits