Why does Social Security care if I had a previous marriage that lasted more than 10 years?

Asked about 2 years ago - Pinehurst, NC

I have the final decree which waives any right to my retirement?

Attorney answers (3)

  1. Dennis Alan Palso


    Contributor Level 12


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if:

    Your marriage lasted 10 years or longer;

    Your ex-spouse is unmarried;

    Your ex-spouse is age 62 or older;

    The benefit that your ex-spouse is entitled to receive based on his or her own work is less than the benefit he or she would receive based on your work; and

    You are entitled to Social Security retirement or disability benefits.

    If you have not applied for retirement benefits, but can qualify for them, your ex-spouse can receive benefits on your record if you have been divorced for at least two years.

    Disclaimer: the above does not constitute legal advice and is only an opinion of the author as to current law.... more
  2. Robert C. Alston

    Contributor Level 14


    Lawyer agrees

    Answered . There are also benefits which may be payable to a previous spouse if they were married for 10 years or more.

    Actual legal advice can only be provided by an attorney licensed in your jurisdiction, with experience in the area... more
  3. Clifford Michael Farrell

    Contributor Level 19

    Answered . SSA asks this information to make sure you get the maximum benefit you are eligible to receive under the law. They are not provided copies of domestic court orders unless it is provided by one of the parties involved. So, SSA has no way of knowing about the decree until you tell them, and until they see an original time stamped copy or certified copy, they are required to assume there is no such decree and are required their internal processing orders.

    The exact answers to questions like this require more information than presented. The answer(s) provided should... more

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