Divorce and Remarriage

questions & answers

Question: Will i continue to receive my "Late Husbands" pension if i remarry?

Answer: If you are receiving Social Security survivor benefits and you remarry after you reach the age of 60, or age 50 if you are disabled, then you will not lose your survivor benefits. If you remarry before the age of 60 it may have an effect on your benefits. (https://www.ssa.gov/planners/survivors/onyourown2.html)

A Survivors Pension from the Veterans Administration is for low income surviving spouses of a deceased Veteran with wartime service. This benefit is only eligible for un-remarried spouses. (http://www.benefits.va.gov/pension/spousepen.asp)

The Employee Retirement Income Security Act is a federal law that governs private industry pension and health plans in the United States. (http://www.dol.gov/general/topic/retirement/erisa) “In a defined benefit or money purchase plan, unless you and your spouse choose otherwise, the form of payment will include a survivor's benefit. This survivor's benefit, called a qualified joint and survivor annuity (QJSA), will provide payments over your lifetime and your spouse's lifetime.” (http://www.dol.gov/ebsa/faqs/faq_consumer_pension.html). “If a participant is married on the date of death, payments of the survivor annuity must continue even if the spouse remarries.”  (https://www.irs.gov/irm/part4/irm_04-072-009.html)

For information regarding government employee pension plans, please see the following website: https://www.opm.gov/retirement-services/fers-information/survivors/