QUESTION
If I was married before, divorced after 10 years, and now I am married again, can my prior wife get any of my social security benefits after my death?
Asked on Mar 28th, 2014 on Divorce - Rhode Island
More details to this question:
I have been married 5 years now and I am not seeking divorce. I am 51 years old.
6 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Depends on the rules in effect upon your death.
Answered on Apr 01st, 2014 at 6:28 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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That will be determined by the Social Security rules and regulations in effect at the time benefits might be paid. It is not within your, or the divorce courts control.
Answered on Apr 01st, 2014 at 3:25 PM
Yes. Unless your ex-wife waived her derivative rights in the divorce she retains the right to claim under your social security number. Check with a social security attorney but I believe that both spouses can claim under your number once you have been married to the new wife for at least ten years but I don't know how the benefit is divided between the two spouses.
Answered on Apr 01st, 2014 at 3:25 PM
Your former spouse can make a claim for retirement benefits under your social security account if she was married to you for more than 10 years. She can only do this after she reaches retirement age. And it will not affect the amount that you will receive for SSA benefits when you retire.
Answered on Apr 01st, 2014 at 3:25 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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I do not believe that your former spouse will get any of your benefits, but rather will be entitled to make her own claim as a former spouse when you are retirement age.
Answered on Apr 01st, 2014 at 3:04 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Yes. She can make a choice between her own or your social security whichever is higher once she gets to retirement age. This will have no impact on you.
Answered on Apr 01st, 2014 at 3:04 PM