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  1. #1
    mbg111 is offline Junior Member
    Join Date
    Apr 2009
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    Benefits for Divorced Widow

    What is the name of your state (only U.S. law)? Virginia

    I'm a divorced widow who was married from 03-68 to 09-88.
    Ex worked for Civil Service.
    He divorced me - upon his death (07-2008) I applied for my portion of his retirement benefits. They said I must have a court order to receive the benefits. I don't have that - do I need to go to court and ask for this?
    I was of the understanding that an ex could not be written off.
    Had I known of the divorce I would have challenged it.

    I've also applied to Social Security and was told I qualified but due to "too few quarters" they could not write me a check...??? Waiting for final response.

    Thanks for any help.What is the name of your state (only U.S. law)?
  2. #2
    Ohiogal is offline Senior Member
    Join Date
    Dec 2005
    Location
    Ohio
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    52,947
    Quote Originally Posted by mbg111 View Post
    What is the name of your state (only U.S. law)? Virginia

    I'm a divorced widow who was married from 03-68 to 09-88.
    Ex worked for Civil Service.
    He divorced me - upon his death (07-2008) I applied for my portion of his retirement benefits. They said I must have a court order to receive the benefits. I don't have that - do I need to go to court and ask for this?
    I was of the understanding that an ex could not be written off.
    Had I known of the divorce I would have challenged it.

    I've also applied to Social Security and was told I qualified but due to "too few quarters" they could not write me a check...??? Waiting for final response.

    Thanks for any help.What is the name of your state (only U.S. law)?

    YOu have no rights to his retirement unless the court granted you a portion of his retirement. Without a court order you are entitled to NOTHING. Since he was not eligible for Social Security due to not paying in, you can't take against his benefit amount. You will have to retire under your own record. Its been over 20 years since the divorce. You are NOT going to be able to reopen it. Oh and if you divorced him before his death YOU ARE NOT HIS WIDOW.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    nextwife is offline Senior Member
    Join Date
    Jan 2003
    Posts
    24,357
    1988 was 21 years ago.

    What did you accrue in retirement accounts and SS credits SINCE the divorce? What does your divorce decree award you?

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