Legal Question in Social Security Law in Maryland
Benefits for second wives
I husband have been divorced since 1997, he and his ex-wife both mutally agreed to waive all rights to any title and interest in each others profit sharing, retirement benefits, pension plans, 401K plans and any other retirement benefits. Well the question came up, how is my husband benefit, rather he is living or deceased allocated. For some reason his ex still thinks she is entitled instead of me. Would we at that point enforce the divorce decree?
1 Answer from Attorneys
Re: Benefits for second wives
I answered a similar question on Monday, 6-11> see: http://www.lawguru.com/cgi/bbs/atty/questreceive.php
It sounds like the ex-wife is entitled to a retirement benefit based on her own earnings record but that benefit can increase. If a person is divorced after at least 10 years of marriage, she can collect retirement benefits on the former spouse's Social Security record if she is at least age 62 and if the former spouse is entitled to or receiving benefits.
You too may qualify for retirement benefits under the same regulations.
If a former spouse remarries, she generally cannot collect benefits on the former spouse's record unless her later marriage ends (whether by death, divorce, or annulment).
for more info visit your local SS office or see: http://www.ssa.gov/gethelp1.htm
I do not know what the Divorce Agreement says nor what your state law says, so you may wish to contact a family law attorney in your state.