Legal Question in Civil Litigation in New York
Social Security
My wife and I are separated after 42
years of marriage. She receives soc-
ial security and her pension. I recei-
ve social security. Am I entitle to any
of her social security?
Asked on 11/16/07, 7:31 pm
1 Answer from Attorneys
Phroska L. McAlister
PHROSKA LEAKE McALISTER
Re: Social Security
No. However, you might be entitled to claim an interest in a portion of your spouse's pension benefits, as ordered in a matrimonial action, in State court.
And, a "surviving" spouse or ex-spouse (after a ten year marriage), is / may be entitled to a share of Social Security benefits earned by their deceased spouse.
Good luck,
Phroska
Answered on 11/19/07, 11:51 am
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