Petersburg, VA asked in Estate Planning and Social Security for Virginia

Q: My ex husband passed away and our kids have been receiving SS benefits through high school graduation.

I teach in a public school and am currently 53 and dating someone. Are there still benefits to be paid out to me from ex’s SS if my kids already got money? If so, would I have to wait until age 67 to receive? If I’ve worked steadily from age 21 is it even worth it for me to think about that money? I am dating someone whose wife is deceased and she had a sporadic work history. I don’t believe she made a whole lot of money. Is it worth it for him to wait until 60 to remarry to get that money?

1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: The fact that your children drew benefits against your ex husband's earnings record will have no effect on your eventual ability to draw against his earnings record but you must have been married for at least 10 years, you can't draw until he starts drawing, and you can't draw until you reach your minimum retirement age (which is not the same for everybody and depends on your date of birth). Also remarriage at any time, even after age 60, will cut you off from your ability to draw against his earnings record.

Your boyfriend probably should wait until he has turned 60 before remarrying to preserve the option of drawing against his late wife's earnings record and delaying drawing against his own, but it all depends on the exact figures whether that strategy makes sense.

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