Can My Ex Collect on My Social Security Benefits?
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Summary
He was married for 10 years. Can his ex collect any of his social security benefits when he starts collecting it? |
“My husband was previously married about 40 years ago. He was married for 10 years. Can his ex collect any of his social security benefits when he starts collecting it? They lived in NY and NC.”
Primary social security benefits are the separate property of the employee spouse under Federal Law. Some derivative benefits may be the separate property of the ex under 42 USC section 402. But those would be the ex’s separate benefit anyway, and not for you to worry about.
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For more on this subject check out these categories: Divorce, Family Law, Property
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
