Remarrying before 55 ends the survivor annuity
Unless the first marriage lasted 30 years. And it can come back.
Social Security uses 60, not 55. A remarriage at 57 keeps the federal survivor annuity but can end Social Security survivor benefits.
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1. The rule
A monthly survivor annuity paid to a widow, widower, or former spouse ends if the survivor remarries before age 55 — unless they had been married to the deceased employee or retiree for at least 30 years. The 30-year exception applies to remarriages after January 1, 1995.
| Situation | Survivor annuity |
|---|---|
| Remarries before 55, married under 30 years | Ends |
| Remarries before 55, married 30+ years | Continues |
| Remarries at 55 or older | Continues |
When it ends, it stops on the last day of the month before the month of the remarriage. Marry in April, and March is the last month paid. Tell OPM promptly: payments after that date become an overpayment you'd have to repay. See OPM overpayments and waivers.
The rule is about the age at remarriage, not the age at the spouse's death. Someone widowed at 50 who waits until 55 to remarry keeps the annuity.
2. The health insurance consequence
This is often the larger loss. A surviving spouse keeps FEHB only while receiving a survivor annuity. So ending the annuity also ends survivor FEHB coverage — and for someone under 65, that can mean buying coverage on the open market.
If you're a surviving spouse under 55 considering remarriage, check what coverage you'd have afterward — a new spouse's employer plan, for example — before the date. The survivor FEHB rules are in survivor FEHB.
3. Restoration if the marriage ends
For a surviving spouse, a lost annuity can come back. If the remarriage ends by death, annulment, or divorce, and the survivor repays any lump sum OPM paid when the annuity stopped, the annuity is restored effective the date the remarriage ended.
One limit: the survivor can't receive both the restored annuity and another federal survivor annuity based on the later marriage. Social Security and military survivor benefits are the exceptions. If the later marriage also produced a federal survivor benefit, the survivor chooses one.
If the annuity is restored, ask OPM directly about regaining health coverage, since how that works depends on the circumstances. Former-spouse annuities follow their own rules, including any terms in the court order; see former-spouse court orders.
4. The Social Security difference
The federal annuity and Social Security use different ages, and it's easy to assume they match.
| Remarriage at… | Federal survivor annuity | Social Security survivor benefit |
|---|---|---|
| Under 55 | Ends (unless 30-year marriage) | Ends |
| 55 to 59 | Continues | Ends |
| 60 or older | Continues | Continues |
So a surviving spouse who remarries at 57 keeps the federal survivor annuity but can lose Social Security survivor benefits. For the Social Security side, see spousal and survivor Social Security.
5. Frequently asked questions
Does a surviving spouse lose the federal survivor annuity by remarrying?
Only if the remarriage happens before age 55. A surviving spouse or former spouse who remarries before 55 loses the survivor annuity, unless they had been married to the deceased employee or retiree for at least 30 years. Remarrying at 55 or older does not affect the annuity.
What is the 30-year exception?
If the surviving spouse was married to the deceased for at least 30 years, a remarriage before 55 does not end the survivor annuity. The exception applies to remarriages after January 1, 1995.
When exactly does the annuity stop?
On the last day of the month before the month of the remarriage. A remarriage in April, for example, ends the annuity on March 31. Report a remarriage to OPM promptly, because payments after that date become an overpayment you would have to repay.
Can the annuity be restored if the new marriage ends?
For a surviving spouse, yes. If the remarriage ends by death, annulment, or divorce, and any lump sum OPM paid when the annuity stopped is repaid, the survivor annuity is restored effective the date the remarriage ended. The survivor cannot receive both the restored annuity and another federal survivor annuity based on the later marriage, other than Social Security or a military survivor benefit.
Does losing the survivor annuity affect health insurance?
Yes. A surviving spouse keeps FEHB only while receiving a survivor annuity, so ending the annuity also ends survivor FEHB coverage. If the annuity is later restored, ask OPM directly how health coverage can be regained, since the rules are specific to the circumstances.