Q & A
Can I Still Collect Divorced Spouse’s Benefits if I Marry My Civil Union Partner?
Full Question: I am getting laid off and would like to collect my ex-husband’s Social Security when I am 66. I am 64 now, and am not remarried. My ex is still alive. I am also considering marriage to my civil union partner; if I should marry her, can I still collect his benefits at 66 and delay mine until 70?
Answer: No, I’m sorry, but you can’t collect spousal benefits from an ex while being married. You can collect survivor benefits if you remarry after 60, which would be your case. So, short of doing your ex in, which we don’t advise, or his passing away, remarriage will mean you’ll need to look to your partner for a spousal benefit.
You can file just for a spousal benefit at full retirement age (66 for you) and collect half of your partner’s full retirement benefit every month through age 70 if she files for her retirement benefit either at the same time or before you apply for your spousal benefit. (If she’s over 66 when you reach 66 and hasn’t yet filed, she can file for and suspend her retirement benefit and start it up at 70.) Read more…
Source: Laurence Kotlikoff, Forbes Contributor - 10/10/2014
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