Q. I got married more than 10 years before my divorce. My ex worked under Social Security for many years. If I remarried, would I lose the right to the interests of the survivors if I remarried?
A. Good question. Even if you remarry after the age of 60, you are still entitled to the survivor’s benefits under the original Social Security benefits. However, you are entitled to one benefit in three possible cases. The benefits of the survivor based on your original work record, or your own work record, or Social Security benefits that are eligible based on your new spouse’s work record, whichever is greater.
Q. My spouse is not planning to apply for Social Security benefits until I am 70 years old. He is 68 years old. I was 65 years old and worked under Social Security for many years. I have not applied for Social Security benefits yet. Because I am 67 years old and not at my full retirement age. My husband’s Social Security benefits will be greater than mine. When should I apply for Social Security benefits?
A. Applying for Social Security benefits based on your job record will result in a discount as you apply before reaching your full retirement age (FRA). Waiting for application until age 67, when your husband reaches 70 and applies for profit, you will receive a spouse benefit equivalent to 50% of the FRA’s profit. If you apply for Social Security benefits now, you will receive a slight discount on your spouse benefits as you applied before the FRA.
My suggestion is to ask Social Security Agency (SSA) representatives based on their work records, what their monthly profits are and what will happen if they wait until 67. Using that information will give you a better position to decide when you need to apply for merits.
If your husband assumes you after you reach your FRA, even if you apply for your Social Security benefits now, you are entitled to 100% of his 70-year-old profit as a survivor’s benefit.
Q. My wife passed away in 2024. She had not worked as many years as I did, so she had received more for the benefit of Social Security than I did. I worked as a teacher for many years when I wasn’t working under Social Security. I receive pensions from my job as a teacher. When my wife passed away, I asked if Social Security was entitled to survivor benefits. They showed that due to the size of my pension from my job as a teacher, I was not entitled to the benefit of the survivors. I understand that due to the abolition of WEP and GPOs, I may now be entitled to survivor benefits. Is that true?
A. That’s correct. Under the regulations in effect in 2024, the benefits of survivors you are eligible will have been reduced by two-thirds of your pension. It was passed at the end of 2024 due to the abolition of the GPO, known as the government’s pension offset. This is retroactively effective as of January 2024. Therefore, you are entitled to the full survivor’s benefit in this. You must contact the SSA and request the survivor’s benefits. You are entitled to the greater one based on your work record, the amount of survivors’ benefits, or your Social Security benefits, but not both.
Elliot Raphaelson welcomes your questions and comments at rapelliot@gmail.com.
