We divorced in 1975, and being young and silly, I asked for nothing in the divorce settlement. I raised my daughter singly and never remarried. My ex died in 1994. He had not remarried. Are there any loop holes that would allow me to claim some of his benefits? I am living soooo frugally. Thank you.
2006-11-26 01:23:00 · 12 answers · asked by apples 3 in Family & Relationships ➔ Marriage & Divorce
OK, your daughter should have received Social Security death benefits from her father's death. You should have applied for them soon after he died. Go to Social security and get them to back track and get her online now. She is owed a great deal of money, but they can only go back 24 months if at that. Its a shame no one told you this. Also, when you are 62, if you had been married to him for 10 yrs or more before you divorced, you get to collect some of his social security as well. Again, check with your local Social Security Office. If your husband's job had retirement and/or insurance policy benefits, your daughter is also eligible as his heir. I would go to the company and check with them. If they refuse to talk to you about them, obviously they are trying to keep it and you should then get a lawyer. Why did you wait so long?
2006-11-26 01:32:56 · answer #1 · answered by miladybc 6 · 0⤊ 0⤋
You did not mention if you were talking about Social Security or perhaps a company pension. If Social Security then the following applies: If you divorced after at least 10 years of marriage, you can collect retirement benefits on your former spouse's Social Security record if you are at least age 62 and your former spouse is entitled to or receiving benefits. If you remarry before age 60, you generally cannot collect benefits on your former spouse's record unless your later marriage ends. If you are talking about a private pension, then you are out of luck. You were divorced 30+ years ago, you should have figured out how to live non-frugally by now. You've even had 10+ years without your daughter at home, so you can't say that childcare is a big expense. So, may I recommend that you work on you, and not try to play the angles to get someone elses hard earned money.
2016-05-23 03:59:44 · answer #2 · answered by Anonymous · 0⤊ 0⤋
How many times are you going to ask this?
You did not mention if you were talking about Social Security or perhaps a company pension.
If Social Security then the following applies:
If you divorced after at least 10 years of marriage, you can collect retirement benefits on your former spouse's Social Security record if you are at least age 62 and your former spouse is entitled to or receiving benefits. If you remarry before age 60, you generally cannot collect benefits on your former spouse's record unless your later marriage ends.
If you are talking about a private pension, then you are out of luck.
You were divorced 30+ years ago, you should have figured out how to live non-frugally by now. You've even had 10+ years without your daughter at home, so you can't say that childcare is a big expense.
So, may I recommend that you work on you, and not try to play the angles to get someone elses hard earned money.
2006-11-26 05:49:19 · answer #3 · answered by camys_daddy 5 · 0⤊ 0⤋
Your daughter may have rights to claim some of his benefits if she is still a minor or a full time college student, but unfortunately you no longer do. Their are age restrictions on a student collecting benefits, so this will need to be checked into.
For yourself, I suggest furthering your education and seeking employment which would improve your economic condition. I also raised 2 daughters on my own and had a difficult time financially. I was 17 when I married and dropped out of school, divorced at 21. I returned to finish high school and at a later date took classes at a local college. I now run a local business and no longer have the financial difficulties I had in the past. It is up to you to make a difference in your life and your daughters, and to set an example for your daughter.
2006-11-26 01:32:00 · answer #4 · answered by kandekizzez 4 · 0⤊ 0⤋
If he died in 1994 then chances are his estate has long been settled by the state or by a will. You may want to contact an attorney with your question but I seriously doubt there is anything left to file claim for.
2006-11-26 01:28:24 · answer #5 · answered by OleMarbleEyes 5 · 0⤊ 0⤋
I would definitely check into it since he never remarried you may be in titled to some of his retirement. Its worth a phone call or two to find out. Good luck
2006-11-26 01:26:40 · answer #6 · answered by paulamcneil1223 3 · 0⤊ 0⤋
Was he retirement age? I think my aunt got her devorced husbands Social Security. You could call the company he work for and SS to find out for sure or possible call an attorney if all else fails.
2006-11-26 01:28:20 · answer #7 · answered by Anonymous · 0⤊ 0⤋
if you signed the papers and registered the divorce agreement no. divorce is final. his family would have received any and all benefits he was entitled to. there is also a 7 year statute of limitations on claims.
2006-11-26 02:31:52 · answer #8 · answered by Anonymous · 0⤊ 0⤋
check with Social Security your right to survivors benefits might be intact if the marriage was longer than 10 years
2006-11-26 01:34:10 · answer #9 · answered by chiefof nothing 6 · 0⤊ 0⤋
Yes as long as you have not remarried.
2006-11-26 01:41:34 · answer #10 · answered by nursie poo 2 · 0⤊ 0⤋