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  #1  
Old 04-24-2009, 11:19 AM
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Join Date: Apr 2009
Posts: 1

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  
Old 04-24-2009, 12:57 PM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,365
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.
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines 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. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #3  
Old 04-24-2009, 01:24 PM
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Join Date: Jan 2003
Posts: 19,055
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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