• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Divorce for SSI

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ichiman

Junior Member
Honestly, I do not feel like this is "cheating the system" in any way. OP, I know for sure it wouldn't make any difference whether you ex had remarried or not, you would still be able to draw from him, and as I said, we really don't begrudge my hubby's ex her drawing off his Social Security. She had and raised my stepchildren, along with my husband, and it didn't work out, fortunately leaving me to have a happy ending.

This is not some form of welfare fraud, you do not have to impoverish yourself to qualify for these benefits, Just don't call it SSI when you're researching it or asking about it, which as I said is for the low income and has very strict income guidelines and limits. The Social Security retirement program does not inquire about family income and has no limits on income to receive social security retirement. They asked me a tremendous amount about past marriages when I signed up on Social Security retirement, though I am married currently, and I believe I asked about drawing off either of the former husbands, (sort of as a joke, since neither was a big earner) and they indicated it might be possible. Maybe a divorce from present spouse would've been necessary. If I am married to my present husband, that causes me to be able to draw from him, regardless of the length of the marriage, and with past spouses, it was if the marriage had lasted a certain amount of time. No fraud involved, it doesn't take money out of taxpayers pockets, and in some cases, it might be the way to go. With so many people living together in caring relationships without benefit of clergy or legal status, it's not like it was an unusual situation.

The example singledad used, of his neighbors getting divorced after a windfall inheritance is related to an income based program,(Medicaid) and given the situation of health care and health insurance in this country today, it wasn't hard to imagine the couple finding this a viable thing to do.

Remember, this is Social security retirement, which is different from SSI. It is not taxpayer assisted welfare, and I don't see that there would be any huge sin or stigma in your electing to separate yourselves legally to assist in your collecting the most you can in retirement benefits that have been paid into by someone you're legally entitled to draw from.
This is the husband,
Thanks Commentator, you are right we are talking about Social Security not Welfare, SORRY to everyone for the confusion.
From what I read on the SS site if I were to pass or we divorce, she would have her choice of either her Ex husbands or my SS anyways. Because I am younger, and we are married, she is tied to mine and cannot collect until I start drawing which would make her almost 70.
I believe we will need an attorney to guide us through this but am unsure of what type we need.
Things have been really tough after this last recession, it’s not easy to get a job in your late 50s.
I am working thou, but for only about half of what I used to make (almost Welfare) But that doesn’t matter, I have my Wife, my Life, and my Step Children who think more highly of me than their “Very well to do” Father.
 


Proserpina

Senior Member
This is the husband,
Thanks Commentator, you are right we are talking about Social Security not Welfare, SORRY to everyone for the confusion.
From what I read on the SS site if I were to pass or we divorce, she would have her choice of either her Ex husbands or my SS anyways. Because I am younger, and we are married, she is tied to mine and cannot collect until I start drawing which would make her almost 70.
I believe we will need an attorney to guide us through this but am unsure of what type we need.
Things have been really tough after this last recession, it’s not easy to get a job in your late 50s.
I am working thou, but for only about half of what I used to make (almost Welfare) But that doesn’t matter, I have my Wife, my Life, and my Step Children who think more highly of me than their “Very well to do” Father.

And that speaks volumes.
 

commentator

Senior Member
Do the homework on the Social Security sites very thoroughly before you hire an attorney. You may be able to find out a lot of information for yourselves. Check with Legal Aid, as they may have some helpful material about it, even if they cannot represent you. Since there is no "number of members" in the household requirement, or deal about counting your income for retirement Social Security, and there's no income guideline there would be no need for you to actually separate your living arrangements to qualify. But verify this and all the particulars very specifically before you do anything.
 
Last edited:

ichiman

Junior Member
Do the homework on the Social Security sites very thoroughly before you hire an attorney. You may be able to find out a lot of information for yourselves. Check with Legal Aid, as they may have some helpful material about it, even if they cannot represent you. Since there is no "number of members" in the household requirement, or deal about counting your income for retirement Social Security, and there's no income guideline there would be no need for you to actually separate your living arrangements to qualify. But verify this and all the particulars very specifically before you do anything.
Thanks once again Commentator for ALL your information, it’s greatly appreciated!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top