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  #1  
Old 05-26-2006, 03:30 AM
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Join Date: May 2003
Location: new mexico
Posts: 43

Which Spouse Gets SS Benefits?


What is the name of your state? NM

It is my understanding that a spouse is not entitled to SS Benefits
unless they have been married for 10 years. If this is so, what happens in the case of multiple marriages? For example, my current husband and I have been married for 7 years. He and and his first wife were married for 28 years and my first husband and I were married for 19 years. Assuming my current husband and I stay married for the 10 year period, what rights do our first spouses have, if any, to our respective SS retirement benefits? This issue
was never addressed in either of our divorce decrees.
  #2  
Old 05-26-2006, 09:22 AM
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Join Date: Feb 2004
Posts: 650
It was not addressed in your divorce decrees because it is a government benefit, not personal property. An individual who is not eligible for SS on their own (or whose SS benefit is low) may apply for spouse benefits if they were married to that person for at least 10 years, even if no longer married. This has no affect whatsoever on other person's SS benefit. And, yes, more than one person could apply for spousal benefits if otherwise eligible. Let's say Joe was married twice, each time for more than 10 years. Each of his ex-spouses could apply for benefits. It will not change Joe's benefit at all. If his entitlement is $1,500 a month, that is what he will get, regardless if either or both ex-spouses apply for benefits against his record. A spousal benefit is not in addition to one's individual benefit, it is in lieu of.
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