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Social Security Question:
Is she eligible to receive benefits from his earnings if she files for ex-spouse retirement benefits with social security?
Social Security Answer:
My question is my mother was married to my father (in California) for more than 10 years. They had the marriage annulled, since that was the fastest way to end it. Is she eligible to receive benefits from his earnings if she files for ex-spouse retirement benefits with social security?
Support Replied ~ 07-25-2012 11:45:15
Dear Shannon: From looking at all the Social Seucity Info I can find, I don't think she can qualify because she had the marriage annulled. The only thing that might help is if she had provisions made at the time of the annullment that allowed for divorced wife's benefits in the future. There are also different laws in different states that might allow for exceptions to the rule. She should definitely file for divorced wife benefits and let Social Security tell her what she needs to be entitled. Even if they say that she isn't entitled, still file a claim and have it denied so there is a record of it. Don't know how old she is, but she and the ex-husband has to be over 62. If he is deceased, then she has to be over 60. Maybe if there was a good reason that she had a plus 10 year marriage annulled, then again there might be exceptions. Maybe Legal Assistance could be of help also. Another thought is that if she worked and had a good job, her benefit rate would be higher than 1/2 of his anyway, so she wouldn't be filing on his account. Ask Social Security to see if his rate is more than double hers before she spends any time or money on the issue.....Carol
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"Social Security Advisor" is intended to provide accurate and authoritative information with regard to the subject matter covered. It is offered with the understanding that neither the publisher nor the author is engaged in rendering legal, accounting, investment or other professional advice or services.
Information obtained from RetirementCommunity.com, including e-mail responses from "Social Security Advisor" should be considered as general educational information. You must never rely upon the advice given here. Your individual situation may not fit the generalizations discussed. Only your local Social Security office can evaluate your individual situation and give you advice.
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Read Carols comments in this BankRate.com Social Security article
Thank you so much. The amount of infomation you provided on our call went a long way in helping to resolve the issues I had with the social security rep I was working with.
Tom F. 04-22-2017
Thank you so much. You provide a fantastic service and I really appreciate all your help. The next time I have a question regarding Social Security I will go to you first and save myself a lot of time.
Carol J. 04-10-2017
Thanks for the straight forward answers. It would have save a lot of time if I knew about this site months ago.
Emily D. 03-30-2017
Great talking with you and thanks for the help. Things now seem to be going in the right direction.
Chris H. 03-30-2017
Hello, thank you so much for responding to my inquiry, I really did not expect to get an answer from you so quickly. Brought the information you sent to my social security office an the issue, i have been dealing with for months, was resolved in an hour.
Veda M. 03-10-2017
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