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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29822
Experience:  Attorney with experience in family law.
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In a divorce, it states, The property rights of the parties

Customer Question

In a divorce, it states, The property rights of the parties are hereby adjudicated and henceforth neither party shall have any interest in the property of the other whether by dower, cutesy, inheritance or otherwise. Break this down for me, does this also
means I am not entitle to ex husband SS when he dies?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today.

No, it doesn't mean that. Surviving divorced spouse's benefits belong to the surviving divorced spouse. That's not a property interest your ex could claim as belonging to him. Therefore, you're not waiving any interest in it. You're also not waiving any divorced spousal benefits that you're entitled to during your spouse's lifetime, because that's a property interest belonging to the spouse, not the primary earner. You may be able to claim benefits on your ex-husband's record when you reach retirement age, if he is also retirement age and 1/2 of his benefit is more than what you would get on your own earnings record. You must've been married at least 10 years to claim that benefit.

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