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my daughter and i recieve social security money from my deceased husband. after i remarry, will the social security be cut off? my guess is probably, but i don't know anything about it. if mine is cut off or reduced will my daughter then recieve more? i've heard of people who still recieve ss money after remarrying, but can that be true?

2006-09-06 02:55:24 · 6 answers · asked by smalltownangel 4 in Politics & Government Government

6 answers

As far as I can tell, unless you were divorced before your husband died, your benefits will not be affected if you remarry. Here is the relevant rule in Social Security's Program Operations Manual System (POMS):

RS 00202.040 Spouse's Benefits - Termination Events
Citations:Social Security Act Section 202(b), 202(c); Section 2205 of P.L. 97-35; 20 CFR §404.332

A. Policy – Legal Spouse
Benefits for a legal spouse end with the month before the month in which:

the marriage to the NH is ended by absolute divorce unless the spouse can be entitled to divorced spouse's benefits (see RS 00202.005);

the marriage to the worker is annulled;

in putative marriages, the beneficiary acquires knowledge that the marriage is invalid (when Arizona or California law is applicable, see GN 00305.085);

he/she becomes entitled to RIB or DIB based on a PIA which equals or exceeds one-half of the worker's PIA;

he/she dies;

worker's entitlement to RIB or DIB terminates (if the worker's DIB ends because of conversion to RIB, the spouse's entitlement is not affected.); or

no child of the NH under age 16 (or 18 if prior to 09/81 – see exception for spouses entitled in 08/81) or disabled is entitled to a child's benefit and the spouse has not attained age 62. (See RS 00202.010C. if the spouse attains age 62 in the same month there is no entitled child who is under age 16 or disabled.)

EXCEPTION: Omnibus Budget Reconciliation Act Of 1981 (Enacted August 13, 1981) provides that claimants who were entitled to spouse’s benefits for August 1981 have a grace period of two years from the date of enactment or the child’s attainment of age 18 whichever occurs first, before benefits will terminate. Benefits may continue beyond the grace period if at expiration, the spouse has a disabled minor child in his/her care. (for a child age 18 or over, childhood disability benefits still apply.)

B. Policy - Deemed Spouse
Benefits for a deemed spouse end with the month before the month in which:

any of the events in RS 00202.040A occur;

he/she enters into a valid marriage with someone other than the worker;

prior to 1/1/91, the marriage to the NH is ended by divorce. After 12/31/90, see RS 00202.040A (1st bullet); or

prior to 1/1/91, the authorizer approved an award to someone else as the legal spouse entitled to benefits on the E/R of the NH.

C. Policy - Divorced Spouse
Benefits for a divorced spouse end with the month before the month in which:

he/she dies;

he/she marries someone other than the NH except as provided in RS 00202.045 (See RS 00202.010C. if the divorced spouse marries the NH);

he/she becomes entitled to RIB or DIB based on a PIA which equals or exceeds one-half of the NH's PIA;

the NH dies;

the worker's entitlement to DIB terminates and he/she does not become entitled to RIB (unless the divorced spouse meets the requirements for an independently-entitled divorced spouse).

D. Policy - Independently Entitled Divorced Spouse
Benefits for an independently entitled divorced spouse end with the month before the month in which:

any of the events under Divorced Spouse, RS 00202.040C (bullets 1-4) occur;

the NH is no longer a fully insured individual; or

he/she marries the NH.

2006-09-06 12:26:49 · answer #1 · answered by althegrrl 3 · 0 0

Under what conditions can I , as an independently entitled spouse, change to a different valid ex-husband ? Currently collecting on a late ex, but my first husband's (married more than 10 years) record may entitle me to a larger amount.

2015-10-21 07:57:27 · answer #2 · answered by Nancy 1 · 0 0

If a male is over 65, single, and receiving social security, if he should marry, does his social security check decrease?

2015-10-02 05:32:52 · answer #3 · answered by ? 1 · 0 0

Does both widow and widower who are currently receiving social security benefits retain those benefits when they marry?

2016-08-08 21:21:06 · answer #4 · answered by Anonymous · 0 0

Why don't you call social security and find out? You will get the straight scoop by going right to the source.

2006-09-06 02:58:45 · answer #5 · answered by Anonymous · 0 1

I dont THINK that you will still receive it, but your daughter should. My mother received it when my dad died, and when she remarried, she still got SS benefits for the children, but not the spousal.....

2006-09-06 03:02:19 · answer #6 · answered by Anonymous · 1 0

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