Can My Ex Collect on My Social Security Benefits?

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“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.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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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Author: House Attorney

A house attorney has answered this question.

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