My dad married my mom, had an affair and remarried.. my mom is getting half his social security and his new wife is getting the other half.. my dad Passed last year and his new wife just passed a few months ago.. does my mom get ALL the benefits now since she’s the sole survivor?

Hi,

No. If more than one spouse or divorced spouse is drawing benefits on the account of a worker, their benefit rate is not affected by the other spouse or divorced spouse's eligibility. Therefore, your mother's benefit rate won't go up as a result of your father's widow's death because your mother's rate wasn't adversely affected by the fact that your father's other spouse was previously drawing benefits.

Unreduced spousal or divorced spousal benefits payable on the account of a living worker are calculated based on 50% of the worker's primary insurance amount (PIA). That rate isn't reduced even if a spouse and several divorced wives are drawing benefits on the worker's record.

If the worker dies, a widow and any number of surviving divorced spouses who qualify for benefits on the deceased worker's record can be paid up to the higher of the worker's full benefit rate or 82.5% of the worker's PIA. And, their benefit rates are not affected by the fact that another spouse or former spouse might be collecting survivor benefits at the same time.

When your father died, both his widow's benefit rate and your mother's benefit rate should have been increased if they were previously drawing benefits as a spouse and divorced spouse. But, the death of your father's widow would have no impact on your mother's benefit rate.

Best, Jerry