However, there is an exception to this rule that I recently became aware of. It’s in part because the circumstances surrounding this exception have recently become more common – so let’s get to the exception.
The Exception
If the person who is receiving a spousal benefit based on an ex-spouse’s record marries someone who is currently receiving widow(er)’s, mother’s, father’s, divorced spouse’s, or parents’ benefits, the spousal benefit will continue. That’s a mouthful! Let’s play out an example:
Jane is divorced from Gerald. Jane has been receiving spousal benefits based on Gerald’s record for the past couple of years. Jane is engaged to marry Sheryl. Sheryl’s husband Ed died several years ago, and she has been collecting a widow’s benefit (survivor benefit) based on Ed’s record for a couple of years now.
Since Sheryl is receiving the survivor benefit based on Ed’s record, the exception applies for Jane’s ex-spouse benefit, and Jane will be eligible to continue receiving this benefit after the marriage. If Sheryl was not currently collecting the survivor’s benefit (or one of the other excepted benefits), Jane’s ex-spouse benefit would end upon their marriage.
One important factor here is that Jane and Sheryl are both currently receiving the benefits (in Social Security parlance, they are entitled to the benefits). If Jane is not currently receiving the ex-spouse benefit when she and Sheryl get married, she would not be allowed to begin receiving the ex-spouse benefit based on Gerald’s record while she and Sheryl are married.
Likewise, if Sheryl was not receiving the survivor benefit or one of the other excepted benefits on the date of the marriage, Jane’s ex-spouse benefit would end upon their marriage.