Tax Facts

9116 / What is the impact of divorce and remarriage on Social Security planning?

Typically, a surviving spouse may be entitled to receive Social Security survivor benefits based upon the earnings record of the deceased spouse. In the case of divorce, however, if one spouse remarries before age 60, he or she may no longer be entitled to claim survivor benefits based on the prior marriage unless the subsequent marriage ends. This is the case unless the prior marriage lasted for at least 10 years.1

Social Security survivor benefits are not impacted if the surviving spouse remarried after he or she reached age 60.2 In certain cases where the surviving spouse remarries after age 50, but before age 60, that spouse may remain entitled to a prior spouse’s Social Security benefits if he or she was disabled at the time of the remarriage.3

Planning Point: Practically, the Social Security rules provide that a divorced surviving spouse will not be entitled to receive Social Security survivor benefits based on a prior spouse’s earnings record unless he or she is unmarried or has remarried after reaching age 60 (unless the disability exception applies).

1. 20 CFR § 404.331(a)(2).

2. 20 CFR § 404.335(e)(1).

3. 20 CFR § 404.335(e)(2).

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