Never Divorced.. yet remarried..

garrula lingua said:

Call the Nevada county where she & hubby lived in 1968.
They married in Nevada, resided in California..

Ask them to check the records to see if a divorce was ever filed.
If so, ask if you can get a copy of the file (maybe the divorce was finalized; at least she would have some defense to believing she was divorced).

(the clerk has the right to charge you a research fee, and a copy fee. ask how much before they search the files.)
Will do pronto!!! I'm sure they will have to dig... been a while! so the fees are warranted!

BTW, who 'raised the red flag' ?
Mom says that when she was in a phone interview while she was applying for her own SS benefits, she mentioned that she wasn't sure of the divorce date.

Is SS saying they will not pay her benefits based on your Dad's contributions ?
What is odd is... my mom IS receiving my late fathers SS benefits... so what is strange is that if this is infact true, that she isn't divorced from Mike, that this was not caught sooner

If so, are they then saying she can still claim off husband # 1's benefits (as he no longer is validly married to 'Pam').

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garrula lingua said:

Well, if Mom was married to Hubby #1 for at least 10 years (and if she wasn't divorced, then she was still Mrs. #1), and they are 62 or ++, then she should be able to claim 1/2 of H1's SS benefits (unless benefits under her own name are higher).
Phew.. this is confusing... She is not after H1 benefits... she is trying to get her own She will be 62 on 4/30/08 - H1 is now 63 and my father died in 98 at the age of 62

Mom might lose some death benefits paid thru H#2 (SS should agree to monthly repayment plan) ... , but at least she should qualify, at retirement, for a monthly stipend based on H2's earnings (who knows what the difference is between their earnings?).
that's a question I'll have to ask - they both remained with the same companies all throughout my lifetime... I think mom made more though

SS may recognize 'putative' spouse ... I don't know. If so, she'd win in her bid to be recognized as married since 1973 ... it would probably involve an appeal process with her showing that the divorce was filed and she believed she was divorced in 1968, and is an innocent victim of misinformation by H1 ...
Well, according to mom - she has had a conversation with H1 and he claims that he never brought her paperwork... claiming that she has had a "false" memory...

How old is Mom & how old is H1 and H2 (at death) ?
Mom will be 62 on 4/30 and dad passed at 62


Someone needs to contact Hubby #1 and find out if he ever completed the divorce.
His wife won't be happy if she loses his SS.
I think, if I'm not mistaken that "Pam" and "mike" have divorced...which leads me to this question... (mystery after mystery).. if my MOM was still married than "Mike" was still married - and how on earth does another "marriage" and "divorce" occur on his part too?


You also said H1 'remarried' Pam ... was this his wife #1 ?
I'm so sorry... that should have been "mike ALSO remarried to a woman named "Pam"... meaning both my mom and mike married other people after the two of them split...
Did H1 ever correctly divorce 'Pam' before he married your Mom ??

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yolandanewell said:

Just to keep her calm...

"Mom I'm certain you are not the FIRST person to go through this!"

Poor thing is panicking... which I can completely understand - she's worried on several levels..

I'll eat the elephant one step at a time... thank you so much for your help!!!

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yolandanewell said:

Well, SS has approved her benefits - I'm still trying to get mom to pursuit the issue of finding out what the heck is going on however she feels "leave well enough alone"... I fear that there are crossed communications occuring - hopefully she'll agree to speak with an attorney... "just to be safe"...

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