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The survivor spouse had been receiving the social security…

The survivor spouse had been...
The survivor spouse had been receiving the social security benefit as survivor even after she got remarried. Is eligible to receive the benefit even after she re married?
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Answered in 3 minutes by:
1/2/2018
lev-tax
lev-tax, Tax Advisor
Category: Social Security
Satisfied Customers: 31,277
Experience: Taxes, Immigration, Labor Relations
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The current law requires that the widow be unmarried in order to claim widow benefits, unless the marriage occurred after the widow attained age 60.

That is, a widow who remarries before age 60 has no claim to the widow benefits (so long as the remarriage remains intact) and therefore faces a marriage penalty.

However, a widow who remarries after reaching age 60 retains full claim on these benefits.

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Customer reply replied 1 month ago
in case any benefits were received after the marriage has to be returned to Social Security? just for your information, the spouse from the remarriage is a non resident of the United States and hasn't come to United States yet. so same thing applies In this scenario?

If you remarry BEFORE age 60 - you will NO longer be entitled to to benefits on your prior deceased spouse’s Social Security earnings record.

If you continue to receive such benefits - they must be paid back.

.

Whether you are entitled to benefits as a nonresident alien - that is a different issue and depends on which country you are a resident.

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Customer reply replied 1 month ago
no what i meant to say that the survivor spouse remarried to a non resident of United States and he hasn't entered into the United States yet so what i was trying to ask if this scenario changes anything in the situation.

It makes NO difference to WHOM the survivor spouse remarried.

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Customer reply replied 1 month ago
thank you! one last question before i rate you 5 star. if the survivor spouse has a child, is child entitled to continue receiving the benefit as child even the child's parent remarried or not?

Yes - the child is entitled for surviving benefits regardless if the parent is remarried or not.

The child may receive benefits till age 18 (or 19 if still in high school)

or without age limit if the child is disabled.

See following publication fro details and how to apply.

https://www.ssa.gov/pubs/EN-05-10085.pdf

lev-tax
lev-tax, Tax Advisor
Category: Social Security
Satisfied Customers: 31,277
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