Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

Robert. My husband and I were married years, got divorced…

Customer Question
Hi Robert. My husband and...
Hi Robert. My husband and I were married for 7 years, got divorced for 4 years the got re-married for 14 years and are now going to another divorce. Do both marriages count in establishing the number of years we were married for spousal, alimony, and Social Security Benefits?
Submitted: 3 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 hours by:
6/2/2015
Family Lawyer: RobertJDFL, Lawyer replied 3 years ago
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 15,337
Experience: Experienced in multiple areas of the law.
Verified
Thank you for your question, it is my pleasure to assist you. I am sorry to hear about your marriage.
Both marriages are not counted together for purposes of spousal support (alimony) and social security benefits, unfortunately.
With respect to Social Security benefits, as a divorced spouse you can collect benefits on your ex-spouse’s record, even if the ex-spouse has remarried and even if the ex-spouse’s new spouse is collecting on the same record.
But to get this benefit, you must meet the following requirements:
1) You were married for at least 10 straight years
2) You are at least 62 years old
3) Your ex-spouse is eligible for retirement benefits
4) You are currently unmarried
Thus, the first marriage wasn't long enough, at only seven years, but your second one is, because it lasted at least 10 straight years (you just have to meet all the other criteria to collect on his record).
As to spousal support, a divorce is the termination of a marriage, effective from the time that the court signs the order dissolving it. A remarriage, even though it was to the same person, is treated as a second or greater (a new) marriage. It's therefore possible for a spouse not to have received alimony in the first divorce, but due to a change in circumstances, to receive it now, or vice versa. However, when looking at the length of the marriage --which is just one of the factors a court looks at in determining whether either spouse is eligible for alimony -- they will base it off of the 14 years, and not 21 years, total.
If I may be of additional assistance, please use the REPLY feature, and I'll be happy to help you further. Thank you.
Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 15,337
15,337 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

15,337 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
Just divorced in Idaho. Need to know if social security is
just divorced in Idaho. Need to know if social security is averaged and split equally. Everything else was split down the middle including house. … read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
TO SEE IF I QUALIFY FOR ANY OF MY HUSBANDS ANNUNITY... HE
I AM TRYING TO SEE IF I QUALIFY FOR ANY OF MY HUSBANDS ANNUNITY... HE RECEIVED IT IN 1985 AND IT WILL MATURE MAY 2017. WE GOT MARRIED IN FEBRUARY 1996. DO I QUALIFY FOR ANY OF THIS THROUGH MY DIVORCE … read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
I'm resident living in Houston, Texas. I have a family
I'm resident living in Houston, Texas. I have a family lawsuit case: Guardians of my ex-wife suit me for re-divide property. Both me and my ex-wife are retired, rely on social security benefit, I have… read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
I went to find my divorce papers in Washington at the time
Hi I went to find my divorce papers in Washington at the time we would have gotten divorced to prove my name for a VA loan and the divorce papers are not filed. If I don't find them does this mean I a… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
11 February 2016 01:05 How should I argue in court that wife
11 February 2016 01:05 How should I argue in court that wife has substantial income ( above what is reported on 2015 tax return) and that it is not fair to demand alimony from me?Background: We have b… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,528 satisfied customers
Getting Social Security concerning being common law married
Getting Social Security concerning being common law married in MI for 20 yrs and legally married in KY for 4 yrs? … read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
2,217 satisfied customers
If my ex husband could receive full benefits of $2500 a
If my ex husband could receive full benefits of $2500 a month in social security, how much of that would I be entitled to if I began my social security benefits at 62.… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
2,217 satisfied customers
If my husband was ordered to pay lifetime support, but he is
If my husband was ordered to pay lifetime support, but he is turning 70 and wants to retire. Will he be able to quit paying me alimony? We were married for 16 years and we have been separated/divorced… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,528 satisfied customers
I live in Florida. I lived with my current husband years
I live in Florida. I lived with my current husband for 4 years in his home before we got married. We have been married 2 years now. 1 year ago I became very ill, 6 months ago got a debilitating diagno… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I been married 14 yrs and been living together yrs.
I been married 14 yrs and been living together for 18 yrs. we have no children together. I'm not working at the moment. Have not been in the workforce outside of my home in 18 yrs. I was self employed… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
My husband & I have been married 53 years; He has dementia
My husband & I have been married 53 years; He has dementia (not diagnosed).He is verbally, mentally and "somewhat physical ONLY WITH ME." We have three adult children (49 in Tennessee; 47 in our home;… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
Ive been Married 30 years my wife doesnt work and has no income.
I've been Married 30 years my wife doesnt work and has no income. All children are adults. We own a home. I do not live there. She wants a divorce. She says North Carolina law says I need to support h… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am getting divorce , I have very low income. My husband collect
I am getting divorce , I have very low income. My husband collect disability , did I am aloud to collect some?… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
I have a sister who is developmentally delayed. She has been
I have a sister who is developmentally delayed. She has been married for approximately 10 years. Her husband is delayed also and receives Disability and/or Social Security benefits of approximately $1… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
my husband and separated after 9 1/2 years of marriage. 4
my husband and separated after 9 1/2 years of marriage. 4 years later my husband patitioned the court for divorce. During the 4 years of separation he continued to keep my health insurance going and p… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
I am still married to my husband, I left him because he was
I am still married to my husband, I left him because he was defaulting the mortage every 3 months although we were making good money and I was working 6 days a week, I was being stressed out and going… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
Married in Virginia, my spouse initiated a divorce. We have
Married in Virginia, my spouse initiated a divorce. We have been married for 7 years, and living together for 10. I was forced into an early retirement, due to a permanent service connected disability… read more
JerrySJD
JerrySJD
Attorney-at-Law
Doctoral Degree
189 satisfied customers
My disso judgment states that alimony will continue for 50%
My disso judgment states that alimony will continue for 50% length of the marriage. I was married for 14 years and 4 months even if I (Petitioner) re-marries. My ex-husband has now filed an OSC to mod… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x