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Legal Eagle
Legal Eagle, Lawyer
Category: Social Security
Satisfied Customers: 5301
Experience:  Licensed to practice before state and federal court
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I am 62 and widowed for over 10 years. If I were to remarry

Customer Question

I am 62 and widowed for over 10 years. If I were to remarry to a younger women how does that effect my beifits and what benifits would she get if I died
JA: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits propertly. Please tell me more, so we can help you best.
Customer: I am retired from Exelon but have not signed up for any social security benifits
JA: Is there anything else important you think the Retirement Accountant should know?
Customer: no
Submitted: 1 month ago.
Category: Social Security
Expert:  Legal Eagle replied 1 month ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. So, if you were to remarry to someone else, the benefits that she would receive would depend on a few things. First, it would depend on the designation of who is to benefit in the event of your death based on your policy. If you have a life insurance policy and you designate your spouse as the beneficiary, then she will be paid the benefits. The other issue is if you have a will. If you make a will, then the executor of the will (the person managing the proceeds after your death) will distribute all of your other property such as your house and personal items in the manner that you describe in the will. If you happen to die without a will, then your spouse will get everything, unless you have children, then the spouse and the children are typically required to split according to state law. Accordingly, my recommendation would be to get a will drafted immediately, get two witnesses to witness you signing the will, have the witnesses sign the will, and keep it somewhere safe. Keep in mind the witnesses have to be people that are not receiving anything from the will. Regardless, if you take these advanced measures in your estate planning, you and your family can be well protected in the event of your death.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Customer: replied 1 month ago.
my question was what ss benifits of mine would she get
Customer: replied 1 month ago.
I am not spending any more money
Expert:  Legal Eagle replied 1 month ago.

I understand. If your marriage has

Thank you for your patience on this. You don’t need to accept the phone call, those are automatically requested by the system. As far as the benefits that she would receive, the social security administration says this about benefits if one is divorced:

If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record (even if they have remarried) if:

  • You are unmarried;

  • You are age 62 or older;

  • Your ex-spouse is entitled to Social Security retirement or disability benefits; and

  • The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse's work.

So, as you can see, whether she would get benefits depends on how long you’ve been married. Based on what you’ve provided, this appears to apply and based on your age, it applies as well. Thus, she would be entitled to the benefits if a) you were entitled to them and b) what she would receive is less than what you would receive. How much she would get depends on how much you would receive, but that would be up to SSA to determine.

Customer: replied 1 month ago.
This is bull I stated I was widowed not divorced this site is a rip off
Expert:  Legal Eagle replied 1 month ago.

Goodness, I'm sorry. I should have read your question more careful. I noticed that you said that if you were to remarry, how would it affect your benefits. So, in your case, she would get benefits as early as 50 (if she were disabled) or as early as 60 (if she were disabled) so long as you are eligible to receive social security benefits. Her benefits will not be affected if she remarries. If she is disabled by 50, she will have to apply for those early benefits.

Customer: replied 1 month ago.
Your answer was poor no real research no elaboration plus you did not even read the question thru in the first place Iwill not give this a good rating
Expert:  Legal Eagle replied 1 month ago.

I understand. What can I do to help you turn this around? I'm still willing to help. I believe that the website offers a free phone call so we can perhaps chat on the phone as well to clear up any misconceptions.