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Divorce, Marriage and Social Security

12

Name Change

From the Social Security Handbook

Divorced spouse's insurance benefits:

  • entitlement, §311, §403
  • lump-sum death benefits, §431
  • termination, §322

Marriage:

  • ceremonial, proof, §1716
  • common-law, §307, §1717
  • divorce, effect, §308
  • duration, 9-month requirement, §404
  • restrictions on remarriage, State-imposed, §309
  • spouse, defined, §306
  • SSI benefit affect, §2122
  • State-imposed restrictions on remarriage, §309
  • terminating events, benefit summary chart, §1851
  • termination evidence, §§1718-1719
  • validity of prior marriage, §310
  • voidable and annulled, benefits reinstated, §1853
  • widower's entitlement to benefits, §401

Marriage & Divorce Discussion Forum

Categories: 
Marriage
Divorce

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There are 12 Comments

Submitted by Guest (not verified) on Sat, 02/19/2011 - 19:39

my boyfriend popped the question. He's 62 and on SSI--about 1300 a month. I am still working full-time (age 57), making around $150K. What will happen to his Social security income?

Submitted by David Luhman on Sat, 02/19/2011 - 22:59

It's not clear what type of benefit your boyfriend receives.

If he receives Supplemental Security Income (SSI), then marriage may well affect his benefits since SSI benefits are granted to those with limited income and assets :

http://socialsecurityhop.com/en/handbook/21/2122-marriage

If he receives retirement benefits based on his own work record, then marriage will not affect his benefits. Social Security retirement benefits do not have a marriage penalty. A married couple's lifetime earnings are calculated independently to determine their benefit amounts. Therefore, each spouse receives a monthly benefit amount based on his or her own earnings. However, if one member of the couple earned low wages or did not earn enough Social Security credits to be insured for retirement benefits, he or she may be eligible to receive benefits as a spouse.

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/176

Submitted by Guest (not verified) on Thu, 02/24/2011 - 13:06

my husband and i just got married what do i need to take with me to the ss office? i have my marriage licence that we signed the day of the wedding what else should i need. also do you recieve your new social at the office or is it mailed to you?

Submitted by Guest (not verified) on Mon, 02/28/2011 - 13:35

Situation:
My Current Age: 56
Married for 27 years to one husband.
Divorced 10 years ago.
Never remarried.
During my marriage, I stayed at home with my children (19 years) until I was 40, and did not work at a substantial job during any of those 19 years.
I began my TEACHING CAREER (TEXAS) late in life, 40 years old, in 1996.
I have now taught 14 years.
My Ex Husband began taking out his Social Security last April, at age 62.
QUESTION..?
What, if any Spousal Social Security can I draw now, or when I turn 65?

Submitted by David Luhman on Mon, 02/28/2011 - 22:13

Sounds like you will qualify for divorced spousal retirement benefits assuming your husband had a sufficient work record (10+ years of work). If you are divorced after at least 10 years of marriage, you can collect retirement benefits on your former spouse's Social Security record if you are at least age 62 and if your former spouse is entitled to or receiving benefits.

I'm not sure if Texas state teachers are covered by Social Security, although many state and local employees are covered by Social Security.

If you qualify for Social Security retirement benefits based on your work record, you will receive the higher benefit.

Note if you work for an employer who does not withhold Social Security taxes from your salary, such as a government agency or an employer in another country, the ­pension you get based on that work may reduce your Social Security benefits.

The Windfall Elimination Provision affects how the amount of your retirement or disability benefit is calculated if you receive a pension from work where Social Security taxes were not taken out of your pay. A modified formula is used to calculate your benefit amount, resulting in a lower Social Security ­benefit than you otherwise would receive.

http://www.ssa.gov/retire2/divspouse.htm

http://ssa.gov/pubs/10045.html

Submitted by Guest (not verified) on Wed, 03/02/2011 - 22:57

Hello my situation is very heartbreaking.......
my mother is my sister's Payee for her S.S.I. because my sister is mentally disabled. My mother has been taking money from my sister, she refuses to show my sister any statements from the BANK,she refuses to to show or denies any letters or back pay checks that my sister has recieved.

My sister got a little upset one day so when my mother had left to go play bingo in san bernadino,ca. as she does 5 days a week with my sisters money,my sister decided to get nosy and look around for any kind of letters or bank statements, low and behold my sister had found a letter from the Social Security Office stating that my sister will be recieving a $2,954.00 check deposited in her and my mothers bank account in july of 2010.

my sister had found this letter 2 months later. my sister asked my mother about the money and she denied it,then my sister being upset went and got the letter and showed it to her,my mothers response was this.....( WELL YOU DIDN'T NEED IT AND I DID) my sister was in awe and totaly speechless. my doesn't want our mother to be her PAYEE anymore.

What can me and my sister do to stop my mothers payee rights and what steps do we have to take to get me to be her payee. my sister has been diagnosed with colon cancer and I have been her care taker for the past 2 years. me and my sister dont want nothing bad to happen to our mother legally,but don't want her handling my sister's S.S.I please help us with info. on how we handle this sad unfortunate situation that has and is happening in our family.
thank you,
concerned kin

Submitted by Guest (not verified) on Mon, 03/07/2011 - 10:43

I am not yet 62 ....it is possible to find out what my former spouse's social security monies are before I am 62???

Submitted by Guest (not verified) on Tue, 03/22/2011 - 11:55

if someone recieves SSI is disabaled for 25 yrs and we were to get marrieid i have two childred still at home and i recieve 2700 a month from working. what will his disability stop.


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