Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.”
Question: 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.
