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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Social Security
Satisfied Customers: 38772
Experience:  Licensed in multiple jurisdictions, experienced business attorney.
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Please explain the social security after a divorce? Is the

Resolved Question:

Please explain the social security after a divorce? Is the divorced wife eligable for any of her former husbands social security.
Submitted: 1 year ago.
Category: Social Security
Expert:  Dimitry K., Esq. replied 1 year ago.

Dimitry Esquire :

Thank you for your question.

Dimitry Esquire :

Please permit me to assist you with your concerns.

Dimitry Esquire :

Social security may or may not be a potential option after divorce, which is likely why you keep receiving different answers.

Dimitry Esquire :

A person, if they were married for at least 10 years, is automatically eligible for filing for the greater of her own benefits or 50% of the benefit of the ex spouse.

Customer:

So if 50% of the ex spouse is more thanmy own benifits because I stayed home with the children and did not work for several years... This could help me. If one of us remarried does that change anything?

Dimitry Esquire :

That depends on who remarried. If you remarried, then you become covered under your new spouse's benefits.

Dimitry Esquire :

But if he remarried, it does not affect your benefits at all.

Dimitry Esquire :

It also does not affect his benefits if you file against his benefits--he will still receive the same amount, it just you will receive your own benefit based on a percentage of his benefit.

Customer:

AHHHH..... too bad. does that include all of the naval benifits??????

Dimitry Esquire :

If those benefits were not split during the divorce, then yes,

Dimitry Esquire :

Naval benefits are different from social security/

Dimitry Esquire :

You can, under the Uniformed Services Former Spouses' Protection Act, contact your state court and seek a clarification of the court order if the order was silent as to the split.

Dimitry Esquire :

Hope that helps. But that is really not social security and more of a family law concern.

Customer:

In otherwords they are his. I did not know enough to protect any of those, I was so afraid of him that I did not think of those things.

Customer:

You are a big help and It looks like I need to let this go. I will as they say take on for the team...yet again.

Dimitry Esquire :

I am sorry to hear that, truly.

Dimitry Esquire :

I am glad that I was able to help you come to a conclusion.

Dimitry Esquire :

That is never easy.

Dimitry Esquire :

Please take care and please let me know if I can assist in any other way. Until then, if satisfied, please do not forget to positively rate my answers so that I can obtain credit for my work. Thank you!

Dimitry Esquire :

Sincerely,

Dimitry Esquire :

Dimitry, Esq.

Customer:

I will ask for you again. Do you have any experience in Indian benifits of adopted children?

Dimitry Esquire :

I appreciate that. As for Indian benefits, that I am afraid is beyond my expertise.

Customer:

ok thank you! have a good night.

Dimitry Esquire :

You are most welcome and please take care!

Dimitry K., Esq., Attorney
Category: Social Security
Satisfied Customers: 38772
Experience: Licensed in multiple jurisdictions, experienced business attorney.
Dimitry K., Esq. and 2 other Social Security Specialists are ready to help you

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Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
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Licensed in multiple jurisdictions, experienced business attorney.