Hello I am currently receiving social security disability, private long term disability payments and sporadic child support payments for my child under 18 and children over 18. I am 49 years old and will turn 50. My question is that I have been contemplating marrying my significant other who is about to turn 70 in July. He currently his public retirement funds and plan to apply when he turn 70 in July. I am aware that because he recieves PERS, that his social security retirement amount will be reduced. Are there benefits in marrying him or will marriage penalize us, and i lose benefits. Or would marriage perhaps next year be better? He wants to maximize his benefit. Also will my child have a benefit under him, even though he is not the father. Just trying to be informed and to make the best decision. Or is it better not to marry at all. I do not want to mess him up or myself financially. Thank you

Hi,

My only expertise is Social Security, so I can't advise you on anything else. A marriage wouldn't have any affect on your Social Security disability benefits (SSDI), but I can't tell you whether it not it would affect your other income. That would likely depend on the terms of your disability policy and child support agreement.

You couldn't qualify for any Social Security spousal benefits on your new husband's record at least until you reach age 62, unless you have a child in your care who is eligible for benefits on his record. And even then, you could only qualify for spousal benefits if 50% of your husband's full retirement age rate (PIA) is higher than your SSDI rate. However, it's possible that you could qualify for widow's benefits in the future if your husband's full benefit rate is higher than your SSDI rate.

Your children not fathered by your new husband wouldn't be eligible for benefits on his record unless he adopts them or they qualify as step-children based on receipt of at least one-half of their support from your new husband for at least a year (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0335.html). Furthermore, to be eligible for child's benefits a child must be unmarried and either under age 18, 18 to 19 and still in secondary school, or disabled prior to age 22 (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0323.html).

Best, Jerry