Dear Rusty: I am almost 57, divorced after a 14-year marriage. My former spouse is 15 years older than I and made significantly more money than me. I am required to retire from my job at age 60 but expect to keep working in some capacity.
I have a girlfriend of a similar age to me. She did not earn as much as her former husband as she mainly raised their children. She is also divorced from an older spouse who made more money than she did. I am trying to figure out if we will be penalized if we marry, or if it matters if we wait until after we reach 60 years of age. Can I claim my own benefits when I become eligible at 62, then claim survivor benefits later, whenever my former spouse passes? Is that affected if, or when, I remarry? I do not want to give up my potential survivor benefits from my ex-spouse. Are those affected if I remarry?
If I understand correctly, if I remarry even after 60, we would both forfeit divorced spousal benefits, is that right? Given that my girlfriend’s former spouse probably made more money than I, would she be forfeiting her former spousal benefits if we were to marry, even after age 60?
Lastly, I am considering retiring abroad as an expat. Any suggestions about how that would affect our Social Security benefits? Signed: Starting Over
Dear Starting Over: With certain exceptions, benefits from a living ex-spouse cannot be collected if you remarry (regardless of your age when you remarry). So, from what you’ve shared, whenever you remarry both you and your new wife will forfeit eligibility for benefits from your respective ex-spouses while they are living (FYI, there are exceptions for those who are disabled).
However, the rules are different for a surviving ex-spouse: if you remarry before age 60, you will forfeit your surviving ex-spouse benefit. But if you remarry after age 60, you retain eligibility to collect survivor benefits from a deceased former spouse. So, if you and your girlfriend remarry after you are both age 60, you will both still be able to claim survivor benefits based on your former spouses’ records.
And, yes, it is possible for you to initially claim your own SS retirement benefit at 62 and claim your surviving ex-spouse benefit later (after your former spouse dies). Provided you remarry after age 60 you do not lose that option, but if you were to claim a surviving ex-spouse benefit before reaching your full retirement age (FRA), the monthly payment amount would be reduced (all SS benefits taken before FRA are reduced).
Note too, that if you plan to continue working after you are first eligible for SS benefits, Social Security has an “earnings test” which limits how much you can earn from working while collecting early benefits. The limit changes yearly (for 2025 it is $23,400) and if exceeded, SS will take back $1 in benefits for every $2 you are over the limit. And, as you likely know, claiming at age 62 will also mean a benefit payment of about 30% less than available at your FRA of 67. So, if you plan to work after age 62 and plan to claim early SS, you should take the “earnings test” into consideration. FYI, the earning test no longer applies after you reach your full retirement age.
Now, regarding retiring overseas, be aware that Social Security has limits on where you can collect U.S. Social Security benefits. I suggest you use Social Security’s Payments Abroad Screening Tool to find out if benefits are payable wherever you plan to retire abroad. That SSA tool can be found here.
This article is intended for information purposes only and does not represent legal or financial guidance. It presents the opinions and interpretations of the AMAC Foundation’s staff, trained and accredited by the National Social Security Association (NSSA). NSSA and the AMAC Foundation and its staff are not affiliated with or endorsed by the Social Security Administration or any other governmental entity. To submit a question, visit our website (amacfoundation.org/programs/social-security-advisory) or email us at [email protected].
A bill is before Congress; Love Lives On Act which has considerable Congressional sponsorship. If passed, women who lost a spouse on active duty or as result of service related illness will not be penalized for remarriage at any age. I lost a spouse in combat during Vietnam and remarried despite lost benefits to give my children and me a balanced life without giving up my attachment to my first love whose memory I’ve continued to honor via membership in Gold Star Wives of America. O f course, it has required a second spouse who is supportive of my goals. Tell lawmakers; pass the Bill!
Penny,
That you ex has remarried will have no influence on your ability to collect benefits based on his record. If you are eligible for ex-spouse benefits, you can get those regardless of whether his current wife collects benefits on his record. Your eligibility for ex-spouse benefits is determined by your own SS retirement benefit amount – if your own SS benefit at your full retirement age (FRA) is less than 50% of your ex’s FRA benefit entitlement, then you can get a “spousal boost” (an amount added to your own SS retirement amount). But if you claim any SS benefits (including ex-spouse benefits) before you reach your full retirement age, the amount will be actuarially reduced according to how early you claim. Spouse and ex-spouse benefit reach maximum at your own full retirement age.
I suggest you contact Social Security at 1.800.772.1213 to make an appointment to discuss whether you are entitled to ex-spouse benefits. If your own SS benefit at your FRA is less than half of your ex’s FRA entitlement, you will be.
Please feel free to contact us at [email protected] if you have further questions.
Rusty, when I first received my Social Security at age 62, they started sending me Social Security from my late husband. Then after a few years, they said they made a mistake and I would have to pay all that back. I have been paying it back for a long time and finally got it paid back. I was wondering why I had to pay it back when they were the ones who started me on it in the first place. My friend said the SS said she could claim her husbands if it was more than hers. Can you help me to understand?