Q & A
Ask Rusty – About Remarrying and Benefits from an Ex-spouse
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-dvisory) or email us at ssadvisor@amacfoundation.org or call 888-750-2622
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