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Mom and Dad were married 25 years before divorcing. Mom remarried before Dad passed away but he did not remarry. When Dad died, Mom got Dad's social security. If she passes before my stepdad does, will my stepdad get Dad's social security if the amount is larger than his own social security? They live in California.

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Mom and stepdad have been receiving social security for many years. I was just wondering if he would profit from my dad's check if Mom passes first. No skin off my nose if he does . . . I was just curious.

Thanks for all the replies.
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No. Spousal benefits belong to the married (or divorced in your case after a specified time) individuals. Ex's are not considered in this equation. Your stepdad will either receive his own benefit or your mothers (based on HER earnings) if hers is higher.
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Moms SS will not be reduced to pay stepfather. And I feel that monies Mom receives of exs may not apply when calculating Stepdads.

I really think at this point you are putting the cart before the horse and getting confused. When SD is ready to collect, SS will work it all out. Mom will keep what she already has.
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Mom worked for many years but her job didn't pay nearly as well as my Dad's. My stepfather worked the same job as my mom.

Katiekate, I don't understand how my stepdad can be eligible for half of my mom's social security while she is still alive. Surely she wouldn't have to give up any part of her own money while she is still living!
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worriedinCali Jun 2019
Why would your mom have to give up part of her money? Social security doesn’t take from her pocket and put it in your step dads pocket, thats not how it works. your moms social security wont be reduced if your step dad applies for social security and gets part of hers, she’ll continue to get the same amount as before. If your moms social security is higher because she receives her ex husband’s social security, well that doesn’t transfer to her new husband. Whatever he gets from social security will be based off his own earnings or your moms if hers is higher. He won’t get a bigger social security check because of your dad.
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This is a very good question? Did Mom ever work? If so this is how it really works. My husband was collecting SS when I started collecting. Based on my work history, I was getting $752 a month. My DH was receiving 1500 so I was already receiving half his. Now if he received 2000, I would have gotten an additional 250 to bring me up to his 2k. So if ur Mom had worked 40 quarters she would be collecting her own and only part of Dads if she made less than him. . If Mom never worked, then her SS is based on her exhusbands work history. In my opinion your stepfather would not be entitled to Moms SS. She has no work history.

The only SS involved, again in my opinion, would be Moms work history. So, if like me she made 750 a month based on her history, only that money can be considered by SS in calculating stepfathers SS. He is not entitled to any money that has been based on exhusbands work history. If stepfather is already making more SS than ur Mom, then hers will drop off. If hers is larger than his will drop off. I really don't think the exs will even be considered. He wasn't married to your stepfather.

This is really a question for SS.
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Everything happened 20 years ago. Your Mom got what was then her ex husbands SS. Because his was larger. But this is not Dads social security and hasn’t been for a long time... it is your Mom SS.

since she and you step dad have been married longer than 10 years, the rule still applied...if her SS is larger than his..he will get hers.

why wait till she passes? I believe that he is eligible as soon as he is eligible for SS to apply for half her benefit if it is larger than his own.
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