Janke,

I just re read you response. If the spouse remarries it disqualifies them. So that is one more thing that would keep a 22 year old from getting suviroships. I believe they go by the deceased spouse's income at time of divorce not time of death.

Besides Janke, I don't have explain to you what I think Should be in law. It's not what I think Should be or What you think Should be. This post was made with the intent to help someone who could benefit from it and not start a debate.

Barbara

Theoretically, a 60 year old woman could have had 4 marriages that lasted 10 years and each end by divorce and each of those ex-husbands now deceased. When the 60 year old woman applies for surviving divorced spouse benefits, she would get the benefits on the spouse that paid the highest amount. Remarriage, in and of itself, does not permanently cancel benefits on a former spouse. If someone remarries but is not married when they file the surviving divorced spouse claim, they can be potentially entitled on a former spouse.

So you don't like my 22 year old example. Change the age to 48. Why should a 51 year old who was married at 48 for six months be entitled to benefits on a former spouse? Congress makes odd rules and Social Security is full of them, but it is hard to believe that anyone would think that is right or fair.

Yes, the prescribed period of 7 years is a factor, but my post was about marriage duration.

Mother's benefits can be paid to a widow who is caring for the deceased worker's entitled children under the age of 16. If the child is disabled themselves and needs significant supervision (example Down's Syndrome or other mental retardation or severe developmental problems), then the mother can continue to be paid mother's benefits after the child reaches age 16. That is when a disability decision is made for the 16 year old child. At age 18, that child is again reviewed to see if they meet the adult criteria. If the adult child is still found disabled and entitled on the deceased father's Social Security record AND the mother continues to care for him, then the mother's benefits can continue, regardless of the mother's age. Of course, mother's earnings from her job are subject to the annual earnings test and may not allow for any payment is she is making too much monehy from work.