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• Hello Carol,
Was married to ex spouse for 16 years and that was 23 years ago. I am now almost 66 years old and have applied for ex spouse half payment for social security

Q: Hello Carol, Was married to ex spouse for 16 years and that was 23 years ago. I am now almost 6...
   Last Update : 10-08-2012


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Last Update : 10-08-2012 

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Social Security Question:

Hello Carol,
Was married to ex spouse for 16 years and that was 23 years ago. I am now almost 66 years old and have applied for ex spouse half payment for social security


Social Security Answer:

Hello Carol,
Was married to ex spouse for 16 years and that was 23 years ago. I am now almost 66 years old and have applied for ex spouse half payment for social security (half of his is more than all of mine). I have not remarried. Divorce decree indicates that ex spouse was to pay as alimony money over a period of three years.......totaling about $130K as I gave him the cars,house,and business. Well, he only paid some of the money and repeatedly taking him to court over the years meant he continued to fail to pay. Court records show he still owes $110K (not including any interest). I obtained a court order and had it sent to Social Security, under their direction, but they will not pay anything from his Social Security to satisfy the garnishment because he has not filed to draw Social Security, even though he is 71 years old. I do not know where he is and no one has seen him for a number of years. Rumors say he may have died, but I can not find proof. The court order for the $110K garnishment was only good for 90 days. I can obtain another one as the amount owed is without question.
Can you help me with some advice. Thank you


Support Replied ~ 09-20-2012 12:40:10

Dear CJ:
You should really look into him being declared legally dead. I don't know the procedure, but I remember one of my cases concerning a woman with a husband that supposedly fell into the Grand Canyon. You could first file a widows' claim with SS and see if they approve or deny it. Then go to an attorney and find out the procedure for declaring him dead. In today's world there are so many ways to find someone.

Also, when you file for widows' benefits, have SS annotate the record mentioning your situation so if he does file, the information will be there. Let me know what happens.....
Good luck with your search.....Carol

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DISCLAIMER - 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.

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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In the news: Read Carols comments in this BankRate.com Social Security article


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