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TaxRobin
TaxRobin, Tax Preparer
Category: Social Security
Satisfied Customers: 13317
Experience:  15+ years in tax preparation and instruction
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I was married for 43 years and my wife died. When I get

Customer Question

I was married for 43 years and my wife died.
When I get remarried will my new spouse be eligible for my survivor social security benefit?
Submitted: 3 months ago.
Category: Social Security
Expert:  TaxRobin replied 3 months ago.

Hello, I'm Robin. Welcome to JustAnswer. I'm reviewing your question now and typing up my reply. I'll post that in just a few moments.

Expert:  TaxRobin replied 3 months ago.

After you reach age 60 (age 50 if disabled), the remarriage will not affect your eligibility for survivors benefits. Your new spouse would not be entitled to any survivor benefits you were receiving from your deceased first spouse.

They may be able to collect based on your own record is that is available.

Customer: replied 3 months ago.
are you telling me there is no waiting period for my new wife to be eligible for my survivor benefits?
Expert:  TaxRobin replied 3 months ago.

No, I did not mention a waiting period. I only addressed your question about passing survivor benefits.

There are time requirements for marriage, they are covered in

§ 404.335. How do I become entitled to widow's or widower's benefits?

We will find you entitled to benefits as the widow or widower of a person who died fully insured if you meet the requirements in paragraphs (a) through (e) of this section:

(a) You are the insured's widow or widower based upon a relationship described in §§ 404.345 through 404.346, and you meet one of the conditions in paragraphs (a)(1) through (4) of this section:

(1) Your relationship to the insured as a wife or husband lasted for at least 9 months immediately before the insured died.

(2) Your relationship to the insured as a wife or husband did not last 9 months before the insured died, but you meet one of the conditions in paragraphs (a)(2)(i)

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