Claiming Spousal Benefits on Your New Marriage: The 1-Year Rule
When you marry later in life, you cannot automatically file for spousal benefits on your new partner’s work record the next morning. Federal rules dictate that you must remain legally married for at least 1 full year (12 consecutive months) before becoming eligible to claim spousal benefits based on your current spouse’s earning history. (Note: Exceptions exist if you are the biological parent of your new spouse’s child, or if you were already entitled to certain secondary benefits in the month before you married).
Once you meet the one-year threshold, the SSA determines your potential spousal payout based on your Full Retirement Age. At your FRA—which sits between age 66 and 67 depending on your birth year—the maximum spousal benefit you can receive equals 50% of your current spouse’s Primary Insurance Amount (PIA).
Keep in mind that claiming spousal benefits before reaching your full retirement age creates a permanent reduction in your monthly check. For example, if your full retirement age is 67 and you choose to claim spousal benefits on your new partner’s record at the earliest possible age of 62, your spousal benefit gets reduced to 32.5% of their Primary Insurance Amount instead of 50%.
Additionally, under current deemed filing rules, applying for any Social Security benefit automatically acts as an application for all benefits you qualify for. The SSA calculates your own earned benefit first. If your spousal benefit amount exceeds your personal benefit, the agency adds a combination top-up payment so that your total monthly check equals the higher spousal tier.
If I Remarriage and my spouse get a SSI check can we live together and still get a check
That would be “If I remarry,” not “If I remarriage.” If you get your check based on your own income, no problem. If it is based on your ex-spouse’s income, it’s a big problem in most cases. It only counts whether you are remarried or not. It doesn’t matter whether or not you live together.
My previous marriage lasted 12 years. I’m getting Social Security benifits.
I am 2 years older than my ex-spouse and he did not get SSI. He’s retired and remarried, and works part-time.
I was married 20yrs, divorced then several yrs later remarried & divorced within the same year. Will that affect me drawing from my prior husbands SS? Does the prior ex-spouse have to be retirement age for me to draw on his SS? I am 4 yrs older than him.
Depends on the age you remarried, if it was over 65 or 62 ( not sure), you can collect on his, but the second husband you will get nothing because your marriage was under 10 years. What about your own Social Security if you made a lot of money you can collect on that. I think possible not on your husbands, unless you were at least 62 when you remarried. But check the SS handbook or call them to ask.
So if I remarry before I am 60 can I draw my ex husbands benefits?
I think it’s if you marry before your 62and two days you can not draw from your ex no matter how long you were married
I’m retired my wife be retiring i. 2 years she will receive her ssi i will receive mine correct
No. I found out the hard way
If you collect railroad retirement, you do not get a social security survivor benefit. Do you?
Divorced after 11 years of marriage. Now living with a partner for 42 years. If we Marry will I lose my Social security from my first Marriage ? What will my social be if she passes.
I think if you are over 65 and remarry you do not lose first husbands SS but check with the SS office.
Or wife
What if you married but not together how does that work
You have to have been married over ten years not a day shorter, then you can collect on their social security while they are alive. I think a separation means you are still married so does not matter. My friend got a divorce before the ten years, I tried to tell my sister to tell her, not to do that, she married the same guy twice but it did not amount to ten years. She is pennyless now, and he is very rich, and she will never get his SS.
My husband passed away and i get his ss if i get married do i lose that
Depends on your age, I think it is 62 but check that. Does not matter if you remarry if you are over a certain age, it could be 65. Check the rule book for SS to be sure.
My wife died two years ago. I claimed her social security since it’s greater than my social security benefit. My question is if I remained but my future wife doesn’t received Social security at all, if I die will she be entitled to my social security benefit?
Married to my first husband for 10 years and devoiced. Then I remarried to my current husband for 35 years. I’m his 3rd wife and all parties mentioned are retired, alive and receiving Social Security Benefits. Who’s Social Security Benefits should I be receiving?
It could be husband one if he made more money, you have to be married 10 years at least to claim divorced husbands benefits. It could be short a month or so, then no go. Second husband might have to give his benefits to his first wife or second, but depends on the circumstances, and time they were married, and if they are collecting his SS or not. Then there is your own benefits, you might have some yourself, I have heard that more then one spouse can collect on someones SS when they have died. The only one who can answer this question is Social Security, After his death, if he dies first, then you would have to bring a marriage certificate and death certificate, and divorce papers, so try and get all your paper work together, hope he lives a long time, but what might be best to do is get a life insurance policy on your husband. My sister got around $300,000 when her husband died, but it is harder to get when someone is retired. but it can be done, I am 70 and just signed up for a $100,000 policy on myself that my daughter benefits from, because I am in relatively good health and had to get a physical to pass, etc. Also work on paying off your mortgage in full, so if and when he dies you don’t have to worry about that, and make sure the house is willed to only you.
Was married for ten years got divorced then remarried some one else and am collecting my second husband’s social security since then my first husband passed away he never remarried am I able to collect his social security
Married in 1976 , wife divorced me in 1989. I’ve never remarried. Can I file against only wife SSI , even though she been married twice since my marriage to her.
I was married for 10 1/2 years. We got divorced and he died 2 years later. While he was still alive, I remarried and have been married to my 2nd husband for 31 years. Would I be entitled to my ex husbands benefits? I’m now 66.
if i was married to my first husband 23 years and divorced, we both have gotten remarried can i collect off my first husbands SS if we are both retired if my current husband is not retired yet?
I’m 65 and my boyfriend is 65 we both draw our on check, if we get married do we still get to draw own check each.