Family Law Questions? Ask a Family Lawyer Online.
I live in Palm Beach County, Florida. My mailing address is West Palm Beach, Florida.
Thank you for allowing me to assist you with your question.
Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.
Also, due to site reasons, there are times I am initially only able to see a portion of post, so I apologize in advance if it means that you have to duplicate information.
There may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. Now, let’s address your question!
Thank you again for trusting us with your problem. Good luck and Godspeed.
Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification. If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.
Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.
DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.
Thank you so much for your response. However, I do have some additional questions.
I will give you a little bit more information so that it may help you to further assess my issues.
I was previously married; this gentleman is my second husband (the one who disappeared). However, the second husband has no input into Social Security, nor do I. I have been told that I can collect Social Security from my first husband if I am divorced from the second for an unknown period of time. I was married to the first husband for ten plus years, and we did file taxes jointly. The current husband has no money nor anything that I want; other than the divorce. I was told by a local attorney friend, basically in conversation, that besides the publication in the newspaper, I must also answer 23 questions regarding how I have tried to find him, etc. I am unclear on this, and it appears that it will be quite expensive, which is something that I am trying to avoid. I lwas iterally abandon by this man l5 years ago, and left with basically nothing but the clothes on my back; no where to live, no money, etc. So, without going into a lot of detail, I am sure you can understand that I don't have a lot of money to spend. However, he has literally "screwed" me the first time in the abandonment and I don't want to now being taken advantage of again by him, by being unable to collect Social Security because I can't find him and yet can't afford a lawyer to do all the certification which is possibly required to prove I have tried to locate him. And, really, who would really want to locate him?
I thank you once again. I am desparate and direly need to be able to collect Social Security, as I am 66 years old currently and not working. Please, I appreciate any help that you are able to give me in this regard.
The divorced spouse of a worker who is not entitled to retirement or disability insurance benefits, but who has reached age 62 and is fully insured, can become independently entitled to benefits on the worker’s earnings record. To do so, however, the divorced spouse must meet the requirements in (B)-(F) above and have been divorced from the worker for not less than two continuous years.
Benefits end when either A.The spouse dies; B. The worker dies (in this case the spouse may be entitled to widow(er)’s, mother’s, or father’s benefits); C. The worker’s entitlement to disability insurance benefits ends and he or she is not entitled to retirement insurance benefits (unless the divorce spouse meets the requirements for an independently entitled divorced spouse, as explained in Sec 311); D. The spouse is under age 62 and there no longer is a child of the worker under age 16 or disabled who is entitled to child’s insurance benefits; E. The spouse becomes entitled to retirement or disability insurance benefits and his or her primary insurance amount is at least one-half of the worker’s primary insurance amount; F. The spouse and the worker are divorced, unless: 1. The spouse had already turned 62 when the divorce became final; and 2. The spouse and the worker had been married for 10 years before the date the divorce became final; G. The spouse qualified for benefits only under the conditions explained in Sec306, and one of the following events occurs: 1. The spouse enters into a valid marriage with someone other than the worker; 2. Prior to January 1991, monthly benefits are awarded on the same earnings record to another person who qualifies as the legal spouse of the worker under the conditions in Sec306; or 3. Prior to January 1991, the spouse obtains a divorce from the worker; H. The spouse qualified for benefits only under the conditions explained in Sec 306 and later learns that the marriage is invalid; I. The divorced spouse marries someone other than the worker. However, the divorced spouse’s benefit will not be ended by marrying an individual entitled to divorced spouse’s, widow(er)’s, mother’s, father’s, or parent’s monthly benefits, or to an individual age 18 or over who is entitled to childhood disability benefits; or J. For an independently entitled divorced spouse, the worker is no longer fully insured or he or she marries the worker.
A spouse is not entitled to spouse’s insurance benefits for the month in which any one of the above events occurs.
If you remarry before age 60, you will not be entitled to survivor’s benefits, unless:
Your subsequent marriage ends, whether by death, divorce, or annulment; or
Your marriage occurred after age 50 and you were entitled to benefits as a disabled widow(er) or disabled surviving divorced spouse.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).