My boyfriend has been seperated from his wife for 11 years and he found out that she is claiming social security and disability... can he recieve social security along with his children from her and how if he can?
2007-05-04 04:56:03 · 6 answers · asked by Jen 1 in Family & Relationships ➔ Other - Family & Relationships
My boyfriend is seperated from his wife, he has been seperated for about 11 years he is still married to her, she left him with the kids and moved away has little or no contact with them, can he recieve benefits from her since she is getting social security? No legal seperation has been filed and no divorce papers have been filed, no child support is ordered on either parent, but he has his kids, one who is almost 18 and the other who is 12. Dont ask me why they are still married after 11 years if she lives in another state, Ive been asking myself that for 3 years LOL
2007-05-04 06:15:33 · update #1
You don't collect from spouse.
If someone is married for more than ten years before divorcing they will qualify for social security on their ex-spouse. This has no impact of the ex-spouse or his/her future spouse.
My mom is 67 and has been collecting for 2 years on my Dad's qualification. She had to show her marriage certificate and divorce decree to qualify. My dad is 72 and he has been getting his Social Security since he turned 62 (80% benefit). His Social Security was not impacted by my mom's collecting.
2007-05-04 05:14:05 · answer #1 · answered by Cerebal 3 · 0⤊ 0⤋
Only the children are eligible for social security benefits due to disability of the parent NOT the ex husband.
Who has the children? If the wife has the children, then she probably included them in on her application for social security disability benefits. If you have the children, then you need to check with social security to see what she claimed BECAUSE if she claimed she has the children and in fact he has the children, then she will be receiving all the checks.
http://www.socialsecurity.gov/
2007-05-04 05:03:27 · answer #2 · answered by Patty G 5 · 0⤊ 0⤋
If separation agreement orders him to receive child support, then she has to pay him the amount ordered from the court decree, even if it's from SS. He has custody and is not allowed to claim separate social security claim unless he is disabled or children are. He should push for a final divorce decree in a family court for a mutual agreement with her and force her to pay the support.
2007-05-04 05:03:08 · answer #3 · answered by Anonymous · 0⤊ 0⤋
nope, only if they are still married can he collect Social Security...Now the children can get the social security and disability as dependents
2007-05-04 05:00:43 · answer #4 · answered by plumprump26 4 · 0⤊ 0⤋
not if she is collecting disability
death benefits or retirement yes
what he still may get is child support
but if you're looking for easy money, forget it
why aren't they divorced after 11 years?
2007-05-04 05:06:38 · answer #5 · answered by ann s 7 · 0⤊ 0⤋
its a difficult ting b/c they never divorced
2007-05-04 05:00:12 · answer #6 · answered by debbie v 4 · 0⤊ 0⤋