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Benefits for Ex-Spouses

Social-Security-Disability-Forum » Benefits for Ex-Spouses  

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Do Spouse's Benefits Reduce Ex-Spouse's?Anonymous4-06-06  6:36 am
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allan tavel

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Posted on Monday, February 24, 2003 - 8:42 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

if my x-wife is drawing disabilty social security from me will it effect my new familys benefits it the future
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Paul McChesney (Admin)

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Posted on Wednesday, February 26, 2003 - 5:01 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Your ex-wife cannot be drawing disability benefits on your record; the only disability benefits an ex-wife can draw are on her own record, or that of her deceased husband. In either of those cases, her benefits do not affect those of your current family.
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Paul McChesney (Admin)

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Posted on Thursday, April 29, 2004 - 11:48 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I might add that your ex-spouse can often draw retirement benefits on your record.
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Anonymous
 

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Posted on Thursday, April 14, 2005 - 11:54 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 60, divorced since 1980, and am on SSDI, from childhood polio. I will be 62 in 2006. My ex is also on SSDI at age 63, for the same reason. Is there a way I can receive part of his SSDI as a disabled spouse after a 15 year marriage???? I have been receiving full benefit SSDI after 40 credits since 1998 after a stroke which left me deaf, in addition to the other problems. I have not remarried nor has he. If I DO remarry, will I lose any benefits I receive from his SSDI??
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Paul McChesney (Admin)
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Posted on Sunday, April 24, 2005 - 3:09 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Not as long as he is alive, married to him or not. There are no disability benefits for anyone based on a spouse's record unless the spouse is deceased. Same for ex-spouses.

But you can receive retirement on his record, once he and you both get to retirement age and retire. Your benefit amount on his record is half of his, and you will get whichever is bigger, his or yours, so, very roughly, his will only benefit you if he made twice as much as you did.

If you do remarry you risk loss of any benefits you would get under his record, but you stand to eventually gain benefits under your new husband's record.

I say "risk" because you don't always lose benefits by remarriage. If you are worried about it, sit down with a lawyer before you tie the knot.
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rose johnson (Likemindz)
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Posted on Tuesday, April 19, 2005 - 8:35 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am on SSI..I have Blepharospasm and Glaucoma .I was married for 20 years then divorced..He died last month..Will I be able to get widows pention or social securety while receiving SSI which is my only income.If so at what age ? I live in Florida..
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Paul McChesney (Admin)
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Posted on Monday, April 25, 2005 - 9:03 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

You can get benefits as a disabled, surviving ex-spouse if you are 60, or 50 and become disabled within 7 years of his death, or within 7 years of the last payment to you of survivor's benefits as the mother of his child.
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Lynn Dowdey (Unregistered Guest)
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Posted on Monday, May 02, 2005 - 12:51 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

my husband wants a divorce and I'm on disability.
I need to know what benefits are there for me for buying a home and other benefits for me afer a divorce. We've been married for 34 years. Ive been devastated over this, which in turn messes with my immune system. He says he's tired of my illineses. I'm tired of his adultries.
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Paul McChesney (Admin)
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Posted on Saturday, May 07, 2005 - 7:32 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I cannot really answer this question. I am good at getting people on disability, but you are already there. I do not know much about the other benefits you might get, if any, from the Family Court or from other sources. Talk to a Family Court lawyer. I am sorry to hear about your situation.
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daylor (Unregistered Guest)
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Posted on Wednesday, June 22, 2005 - 11:32 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I realize that my ex spouse is entitled to benefits upon my death provided she has not remarried at the time of filing...and provided we were married for 10 years. My question is: does this have to be 10 consecutive years? (We were marrid for 3 yrs....divorsed for 2 yrs...remarried for 8 yrs....and divorsed a second time).
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Paul McChesney (Admin)
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Posted on Monday, July 04, 2005 - 12:08 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Daylor, that is a question I have never thought of before. She might apply just to see, and I am not certain, but I would guess that she cannot: the statute says that she must have been "married to the insured for at least 10 years immediately before your divorce became final." 20 CFR §404.336.
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Anonymous
 

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Posted on Wednesday, June 29, 2005 - 5:29 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

can a 51 year old ex-wife, of a 13 year marriage ,who , was diabled ,for 5 years before ,a divorce, that took place , 12 years ago , if she never remarried. can she, file on her ex-husbands record for social security disability? SHE WAS A HOUSE WIFE THE WHOLE MARRIAGE AND IS ON SSI DISABILITY NOW { HE IS TRYING TO GET SOCIAL SECURITY DIABILITY IF HE GETS APPROVED WILL THAT MAKE A DIFFERENC
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Paul McChesney (Admin)
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Posted on Monday, July 04, 2005 - 11:18 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If your husband or ex-husband is living, you cannot draw disability benefits on his record.
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Jackie (Unregistered Guest)
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Posted on Tuesday, July 26, 2005 - 1:23 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I signed up for disability and was denied. It is about to go to an appeal. I am 59. I was married for over 19 years and had 3 children with him. We divorced several years ago. He remarried. I remarried. He died over a year ago. My children and his parents want me to sign up for his social security. Will I be eligible to draw from his record if I win the appeal? Or should I continue under my own record? And if I draw under his record will that have any effect on his widow drawing from him when she becomes of eligible age?
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Paul McChesney (Admin)
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Posted on Tuesday, August 02, 2005 - 12:56 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Q. Will I be eligible to draw from his record if I win the appeal?

A. If you are presently married, you cannot draw benefits on his record. If you become divorced, you probably can. There are some complex rules that will sometimes enable a married person to draw on a prior spouse's record that I will not go into at this point, for complicated reasons. Anyone who is reading this should not assume this conclusion applies to them!



Q. Or should I continue under my own record?

A. Of course you should, whatever happens with his.

Q. And if I draw under his record will that have any effect on his widow drawing from him when she becomes of eligible age?

A. No. This wise rule was probably created to keep the difficulties between spouse and ex-spouse to a minimum.
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Sherry (Unregistered Guest)
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Posted on Tuesday, August 23, 2005 - 3:56 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hello,

I'm writing from California. I have been bedridden and disabled for 16 years with Rheumatoid Arthritis. I am divorced and recieve a court ordered spousal support amount which is barely enough to live on as half of it goes to my mortgage alone.

I have basicaly gone without medical care now for many years as my share of cost with medi-cal (California Medicaid) is too much for me to afford. A social worker I spoke with suggested I apply for SSDI on my ex spouses record. We were married for 25 years but he is still working and not retired and we are both in our late fifties. Before becoming disabled I never worked and was a homemaker and raised our two children.

Is there any way for me to recive SSDI benefits?

THank You
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Paul McChesney (Admin)
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Posted on Saturday, September 24, 2005 - 6:48 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Sherry, there well might be some sort of assistance for you under California or some other sort of Federal law that I don't know about. I assume that you are getting some SSI. To get Social Security on your ex-husband's record, you would have to be 62 to get retirement, or he would have to be deceased, for you to get Social Security Widow's benefits, as being over 50 and disabled; there are a few other requirements for widow's benefits.

Take care.
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J Smith (Unregistered Guest)
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Posted on Tuesday, August 30, 2005 - 8:23 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My father recently passed away and was the only income earner for he and my mother. All of their children are grown and out of the house.
My father died at 61, my mother is currently 56 and has not worked in about 7 years and so does not qualify for the regular Social Security Disability.

She has been overweight for most of her adult life, currently around 350 lbs with bad knees and cant walk more than 40 feet without getting winded and we are hoping that will be enough to get her on SSI.

I have 2 questions:

1) If she does get on SSI, will she be able to draw the widow's benefit in addition to the SSI? Or will she have to take one or the other?

2) If for whatever reason she does not qualify for SSI or SSD, is there any way she can still be declared a disabled widow so that she can receive the widow's benefit?
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Paul McChesney (Admin)
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Posted on Saturday, September 24, 2005 - 6:43 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Mr. Smith:

) If she does get on SSI, will she be able to draw the widow's benefit in addition to the SSI? Or will she have to take one or the other?

A. She must file for the widow's benefit; it will reduce SSI dollar for dollar after a $20 exclusion.

2) If for whatever reason she does not qualify for SSI or SSD, is there any way she can still be declared a disabled widow so that she can receive the widow's benefit?

A. Yes, if she can show she is disabled. She has to show she is over 50, disabled, and was married to your father for a year. She will get 72.5% of his benefit amount.
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Roy C. Foley, Jr. (Unregistered Guest)
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Posted on Friday, September 02, 2005 - 8:53 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I was married almost 30 years. My ex-wife has been disabled for last 15 years of our marriage. I am 61 and she is 62. Question: can she collect any benefit from my record now - or does she have to wait until I retire or die? She was a housewife for 30 years and has no (very little) personal Social Security benefits. I pay her $4970 per month court ordered maintenance and she is entitled to about 40% of my pension when I retire in April 2009.
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Paul McChesney (Admin)
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Posted on Saturday, September 24, 2005 - 4:33 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Mr. Foley:
Not now; you have to die or turn 62, and she does have to be unmarried, probably.

She does not have to wait til you retire. She would if you were married.
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SCNICHOLSON (Unregistered Guest)
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Posted on Saturday, September 03, 2005 - 1:45 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 56 years old and my ex-husband just passed away in February and I was told that I was eligible to draw his widows benefits since I was his first wife and we also had 3 Sons but one is now deceased and the other two are grown. Is it true that I am able to draw widows benefits???
Thank you...
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Paul McChesney (Admin)
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Posted on Saturday, September 24, 2005 - 3:21 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If you are not presently married, and if you were married to him long enough, which you must have been with 3 sons, yes; go apply if you are disabled and became so within 7 years of his death or you last mother's check; or apply when you are 60 (not 62) if not for widow's retirement benefits.
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Anonymous
 

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Posted on Monday, September 12, 2005 - 12:04 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have a friend that is currently receiving SSD. She is also getting food stamps and her medications. Her ex husband died last year and she was divorced from him 20 years ago. She never remarried. Anyway, if she is eligible for his SSI benefits, will her own be affected, like not having her food stams and medical needs?
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Paul McChesney (Admin)
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Posted on Saturday, September 24, 2005 - 12:52 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I don't know about state benefits, and I don't think you are usually worse off as far as food stamps are concerned. The one way I know of you can lose in that situation is if your Social Security disability check makes you too rich for Medicaid, which is a number of free prescriptions each month. For some people this is a catastrophic problem.
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Anonymous
 

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Posted on Monday, September 12, 2005 - 12:08 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

On above note: Can the state (Ohio) take away food stamps and meds due to her possible increase in SSD from ex husband. In other words put her at a disadvantage over what she gets now?
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Paul McChesney (Admin)
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Posted on Saturday, September 24, 2005 - 12:48 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I don't know. I am only good at Social Security disability.
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angela w gutierrez (Lookenfl)
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Posted on Wednesday, January 18, 2006 - 9:13 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

i am 64yrs this month, i have collected on my social security since 62. presently married. I contacted s.s. and ask how i could get old records on my exspouses.was told precedure.sent for first husbands mariage and divorce found marriage not divorce. contacted social security was told that they could run a state wide search,they did this came up with nothing. was told by social security that i was still married to him since no records were found for divorce. went to a lawyer and found out i needed an annullment from present husband to clear up my history and to make every thing in my life legal. did so . recieved checks on my first deceased husband. later was sent letter stating i was not his spouse that i had remarried before age 60. appealed stating that i had annulled from present husband. appeal came back all information on denial of appeal was all wrong. supervisor from local s.s. office resent appeal to payment center stating all was wrong. still ate the payment center waiting for answer. they are now saying that social security looks at annullment differently ,that my intent was that i was divorced so i got married thinking iwas divorced . does not make sense. i thought all laws were the same for all people. thank you my question is anullment the same for all .very confused and they are going to collect back payment and keep my check for one year to pay back and overpayment that they told me i was intittled too.WOW! hard to explain
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Paul McChesney (Admin)
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Posted on Saturday, March 18, 2006 - 9:12 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Angela, this is an excellent question! Certainly hire a lawyer, and a good one. Remarrying before age 60 can cause permanent forfeiture of certain benefits, but what "annul" means is to have a declaration that there was no marriage in the first place. I don't know of a provision in the Social Security law that contradicts this, but I am afraid to say there isn't one; I would have to research that question.
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Anonymous
 

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Posted on Saturday, March 04, 2006 - 7:18 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

How can I find my ex-husbands social security number having lost it through moving and we are not on speaking terms. I need to know his number in order to collect half of his social security-we are both in our 70s.
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