SS Marriage question

[TerriA]

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

Posting for my mother. My mother was married to my step-father previously for 7 years. They remarried and have been married for 9 years now. My step-father wants to change his will so mom won't get anything. My mother is partially disabled and is unable to find work. If they do get a divorce is she entitled to SS ex-husband's spousal support? Do they have to be married 10 consecutively?

Thanks in advance!

 

[Proserpina]

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

Posting for my mother. My mother was married to my step-father previously for 7 years. They remarried and have been married for 9 years now. My step-father wants to change his will so mom won't get anything. My mother is partially disabled and is unable to find work. If they do get a divorce is she entitled to SS ex-husband's spousal support? Do they have to be married 10 consecutively?

Thanks in advance!

Wait - they are still married, correct? Can your mother work? Has she applied for SSI/SSDI?

 

[LdiJ]

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

Posting for my mother. My mother was married to my step-father previously for 7 years. They remarried and have been married for 9 years now. My step-father wants to change his will so mom won't get anything. My mother is partially disabled and is unable to find work. If they do get a divorce is she entitled to SS ex-husband's spousal support? Do they have to be married 10 consecutively?

Thanks in advance!

I am assuming that you are talking about her being eligible for SS benefits based on his earning record as opposited to her earning record.

You pose an interesting question because the rule is that you must be married to someone for 10 years or long, in order to claim benefits based on their earning record. She has been married to him for a total of 16 years, but in two separate chunks.

I think that this is a question that needs to be posed to your (or her) local SSA office.

 

[mistoffolees]

I am assuming that you are talking about her being eligible for SS benefits based on his earning record as opposited to her earning record.

You pose an interesting question because the rule is that you must be married to someone for 10 years or long, in order to claim benefits based on their earning record. She has been married to him for a total of 16 years, but in two separate chunks.

I think that this is a question that needs to be posed to your (or her) local SSA office.

It raises a lot of interesting questions. For example, typically, spousal support can be considered after about 10 years. What about after 9 + 7 years?

Presumably, property division is simpler. They should have divided property after the first marriage, so anything that each of them received should have been separate property at the start of the second marriage. So property division in the second marriage should be straightforward and based only on the 9 years of the second marriage. Of course, if some property was not divided the first time around, it could get really messy.

 

[Bali Hai]

It raises a lot of interesting questions. For example, typically, spousal support can be considered after about 10 years. What about after 9 + 7 years?

Presumably, property division is simpler. They should have divided property after the first marriage, so anything that each of them received should have been separate property at the start of the second marriage. So property division in the second marriage should be straightforward and based only on the 9 years of the second marriage. Of course, if some property was not divided the first time around, it could get really messy.

It's always messy when time is used for any entitlement.

Social Security is going broke because of issues like this. If someone doesn't work, they shouldn't get social security benefits period. That's what welfare is there for.

Same with alimony, all someone has to do is hold out until the magic 10 year period is passed and sit back counting someone else's money.