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 Carol Thomas has recently retired from the Social Security Administration after 28 years service. If you have any questions about Social Security, please ask. We will use the questions you send for future posts. I will never post anyone's name, or other identifiable information.
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Date Add : 09-24-2009
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I have a brother who has terminal brain cancer. He is married but has been seperated from his wife for probably 10 years.He has been with a different woman since & she is taking care of him. He is not doing well & could die at anytime. He would like to divorce his wife & marry the other woman, his care taker. My question is, if he got divorced & remarried , would his new wife be eligable to collect from his SS ??? Thanks, Jane
Support Replied ~ 08-04-2009 18:13:43
Dear Jane:
No. He should divorce the wife since there is a 10 yrs duration of marriage for the ex-wife to collect from him. As far as the caretaker, they could get married but there is a 9 month duration period that must be met for her to collect from him. But, you never know, cancer can be tricky. Have him divorce and if they don't get married and he lasts for at least 9 months, she can file for common-law benefits. if they don't get married, have them consider themselves husband and wife.
To be safe, I would have him divorce and get married as soon as he can.....Carol
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You should consult with your local Social Security Office before acting upon any information received as a response to your question on "Social Security Advisor".
"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.
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