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Megan C
Megan C, Certified Public Accountant (CPA)
Category: Social Security
Satisfied Customers: 16547
Experience:  Licensed CPA, CMA, CFE, CGMA M.Accy Also Teach Accounting courses at Master's Level
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Can my new spouse draw my social security benefits without

Customer Question

Can my new spouse draw my social security benefits without penalty if her retirement is outside of social security system?
Submitted: 1 year ago.
Category: Social Security
Expert:  Megan C replied 1 year ago.

Thank you for your question -- my name is ***** ***** I will be happy to help you

Congrats on your marriage!

Your spouse can draw, but the benefit will be reduced by 2/3 of her benefit from her retirement outside the system. If 2/3 of her benefit is greater than what she would draw off your account then unfortunately she would not get a benefit. When you pass, she's eligible for up to your full check -- however will be subject to the same deduction.

Please let me know if you need anything additional. If not, please rate positive.

Customer: replied 1 year ago.
This is true if we have been married less than one year. What can we do so that her children get all of her benefits?
Expert:  Megan C replied 1 year ago.

Thanks for your follow up --- her children would not get any benefits either -- social security does not transfer to your estate. You can only get this while you are living.

You have to be married at least 9 months before someone passes away to be eligible for a survivor benefit.

Please let me know if you need anything additional. If not, please rate positive.

Customer: replied 1 year ago.
I want her children to get all of her retirement benefits which is outside of social security benefits or public education system of Ohio. Because of I have no interest in her retirement funds, I am trying to find a way that her children can get her funds. Is there any way that she can give them her retirement funds?
Expert:  Megan C replied 1 year ago.

She can specify with her retirement plan holder that she wants the beneficiary to be her children. If for some reason this is given to you upon her death, simply gift the money to her children. However, most retirement plans have a form to specify beneficiary. You may have to sign off on her choice as her spouse --- which it sounds like you are willing to do.

Please let me know if you need anything additional. If not, please rate positive.

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