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Effect of Remarriage-Father's or Mother's Insurance Benefits

Excerpted from "Social Security Handbook". See the up-to-date, official Social Security Handbook at ssa.gov.

417. Effect of Remarriage-Father's or Mother's Insurance Benefits

417.1 How does remarriage affect father's or mother's insurance benefits?

If you receive father's or mother's benefits, your remarriage will generally end your entitlement. It also prevents any future entitlement to father's or mother's benefits on the prior deceased spouse's Social Security record.

417.2 Can you be entitled if the remarriage ends?

You can be entitled or re-entitled to father's or mother's or surviving divorced father's or mother's benefits if your subsequent marriage ends by death, divorce, or annulment. Entitlement or re-entitlement to father's or mother's benefits begins with the month your subsequent marriage ends.

Note: If your remarriage was absolutely void or was annulled from the beginning, see §1853.

Last Revised: Aug. 2, 2007


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There are 6 Comments

What is the law on common-law marriage in the state of Texas when it comes to Survivor's Benefits?

Social Security follows the laws of the state where the worker was residing at the time of death or the place where the worker is residing when the spouse applies for benefits. In order for a common law marriage to be valid, it must have been contracted in a state where common-law marriages are recognized.

See the following for details regarding common-law marriages in Texas, which does recognize common-law marriage :

https://secure.ssa.gov/poms.nsf/lnx/0200305075#tex

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/296/

We recommend seeking outside advice if you have further questions.

My son is 5. His father passed in 07. If I choose to remarry will my son still receive his benefits?

In general, you cannot receive survivors benefits if you remarry before the age of 60 unless the latter marriage ends, whether by death, divorce, or annulment.

If you remarry after age 60 (50 if disabled), you can still collect benefits on your former spouse's record. When you reach age 62 or older, you may get retirement benefits on the record of your new spouse if they are higher.

Your remarriage would have no effect on the benefits being paid to your children.

http://www.ssa.gov/survivorplan/ww&os2.htm#remarriage

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/439

I AM GETTING REMARRIED AND MY FIRST HUSBAND PAST AWAY 7 YEARS AGO MY QUESTION IS HOW DO I GO BOUT REPORTING THIS SINCE I RECIEVE WIDOWS BENIFITS AND HOW WILL THIS EFFECT MY CHILDREN WITH THEIR SURVIVORS BENIFITS. I WAS TOLD THE AMOUNT I RECIEVE WILL BE DIVIDED THREE WAYS AND GIVING TO THEM IS THIS TRUE. AND HOW LONG AFTER IM MARRIED DO I HAVE TO MAKE SSI AWARE OF MY MARRIAGE OR CAN I DO IT BEFORE THE WEDDING? THANK YOU...

Generally, you cannot get widow’s or widower’s benefits if you remarry before age 60. But remarriage after age 60 (or age 50 if you are disabled) will not prevent you from getting benefit payments based on your former spouse’s work record. And at age 62 or older, you may get benefits based on your new spouse’s work, if those benefits would be higher.

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1597

In general, unmarried surviving child under 18 (up to age 19 if attending elementary or secondary school full time) of a worker who dies, you also can be eligible to receive Social Security survivor benefits.

http://www.ssa.gov/survivorplan/ifyou4.htm

Your re-marriage has no effect on the benefits your children receive.

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/432

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