Quite often clients visit us who are involved with a second marriage or contemplating a second marriage. And it is often the case that one of the spouses will have more social security earnings as a result of their prior marriage. Time and time again, these clients ask us if we are to remarry how are our social security benefits determined.
Generally speaking, if you remarry before you turn 60 years old, you are not eligible for benefits based upon your prior spouse’s earning record. However, if you were married for 10 years in your first marriage and your second marriage ends before you turn 60, your benefits based on your first spouse’s earnings record will be restored. Additionally, when you reach age 62, you may be eligible to collect a spousal benefit based upon your newest spouse’s record. If your earnings record is larger than your new spouses, of course, you may choose to receive your own. After the age of 60, if you decide to remarry, you may be eligible to receive a benefit based on the earnings of your deceased spouse, your current spouse or the benefit based on your own record. Obviously, you would pick whichever is highest. In the event that your new spouse dies, you would be eligible for a spousal benefit if you are least 60 years old and the marriage lasted at least 9 months or your spouse died as a result of an accident.
For more information, go to www.ssa.gov and explore the Social Security Administration’s website. To learn more about Estate Planning in Ohio, contact Elder Law Attorneys Browning & Meyer Co., LPA today.