2007-06-27 07:01:15 · 14 answers · asked by birdlady 1 in Politics & Government ➔ Law & Ethics
Yes but only if caring for a minor child. If she has not been remarried she is entitled to the SS to a greater extent. This program is a federal program and state jurisdiction has nothing to do with it.
Ex-spouses may be entitled to a portion of SS pensions depending upon how long the marriage lasted and the SS benefit status of the ex-spouse. A divorced spouse can receive Social Security benefits either on her own contributions to the Social Security system or as a spouse of a contributor. The benefits as a spouse of a contributor (primary beneficiary) are called derivative benefits.
If a woman is married for ten years or more, she can collect derivative benefits after a divorce. The spouse from whom benefits are derived must be at least 62 years of age but does not have to be actually receiving benefits. The dependent spouse must be at least 62 years of age and unmarried. The sum paid to the dependent spouse is a percentage of the benefit due the primary beneficiary. If the primary beneficiary has not applied for benefits but can qualify and is age 62 or older, the spouse must have been divorced for at least two years. If the ex-husband was actually receiving benefits before the divorce, there is no two-year waiting period.
Here are some good resources:
http://www.ssa.gov/pubs/10127.pdf
http://parenting.ivillage.com/mom/structure/0,,36r4-3,00.html
http://www.divorcesource.com/NY/ARTICLES/nowak7.html
2007-06-27 07:24:49 · answer #1 · answered by Melli 6 · 1⤊ 1⤋
I could be wrong...but I thought that once someone is divorced then they are no longer eligible to receive the ex's social security at all. And, if they are, I would think that if the ex-wife remarries then they aren't eligible at all. The only exception would be if they had children and the children are still minor's at the time of their father's death. THEY are eligible for social security. Social security is not something that can be awarded to someone in a will or a divorce settlement.
For a definitive answer, ask a lawyer or someone is social security administration.
2007-06-27 14:12:25 · answer #2 · answered by mouse_726 6 · 0⤊ 2⤋
Not unless the divorce property settlement makes the award. Anything which is awarded after the divorce is granted and the property settlement has been reached is not marital property.
From your post, it would seem that this was an after thought and as such, not mentioned in the property settlement and therefore the answer is no.
2007-06-27 14:07:25 · answer #3 · answered by hexeliebe 6 · 0⤊ 3⤋
dear god i hope not....if it is it would be another reason to hate this country....this is why i don't vote...the ex wife probably already took enough from the ex-husband...she doesn't need to mooch anymore....she can take from the wallet of her new husband
2007-06-27 14:10:42 · answer #4 · answered by Yogaflame 6 · 0⤊ 1⤋
Ask a lawyer, too many variables in the law to answer here.
The simple answer is, yes. The complex answer is maybe. The right answer is "talk to a lawyer."
2007-06-27 14:04:14 · answer #5 · answered by Atheist Geek 4 · 1⤊ 3⤋
It depends. Generally speaking, it depends on how long they were married, but there are a lot of exceptions, and it varies from state to state. Best ask an attorney this one.
2007-06-27 14:06:16 · answer #6 · answered by Mr. Taco 7 · 2⤊ 4⤋
Yes. It depends on the length of the marriage. In Florida its twelve years . . .
2007-06-27 14:05:10 · answer #7 · answered by CHARITY G 7 · 0⤊ 4⤋
No
2007-06-27 14:04:04 · answer #8 · answered by cookiesheet 3 · 2⤊ 1⤋
I don't think so.
2007-06-27 14:07:09 · answer #9 · answered by volleyballchick (cowards block) 7 · 0⤊ 1⤋
no they should not
2007-06-27 14:12:26 · answer #10 · answered by Anonymous · 0⤊ 1⤋