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Social Security and Ex Spouse in CA?

July 10th, 2008 · 7 Comments

When your spouse dies, if he was married before, who gets the SS monies?
I am my husbands second wife but he was ONLY married to his first wife less than a year. Will I get any of his social security money if he passes? We have been married now 4 years. I am not wanting him to go anywhere, just was told it doesn't matter how ling he was married before, but that's how CA law is, anyword?

I don't want anything to happen to him at all! I just don't want her to get anything either, and we are totally both on the same page. He would roll in his grave if he knew she was getting what was owed to him! No offense, but she is really a piece of work, if Satan was a woman it would be her! Never lets him see his kid or anything, and my husband is a great man, he pays her child supoort even if he never sees him… she is a witch! Just looking out for us is all, I hope you normal ppl out there understand the dealing with an e

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    Tags: Security


    7 responses so far ↓

    • 1 cyunvme // Jul 10, 2008

      I would think his current wife get the ss check but even if he didn't remarry and the ex wife did she get nothing. so did she remarry and if so she don't get a dime but the best way to find this out is to contact the ss office

    • 2 Lily Grace // Jul 10, 2008

      Look into the laws in the state that they were married in. I am thinking that it takes 10 years of marriage before a spouse is entitled—but you really need to check the laws for each state. Doesn't matter what she was like–or who said she is Satan——you need to look up the laws in the state they were married in and see if 1 year is enough to collect! Good luck!

    • 3 e_carbine // Jul 10, 2008

      Death benefits go to the surviving spouse, she is not his spouse.

    • 4 sensible_man // Jul 10, 2008

      For a former spouse to draw any benefits from his SSI, they would have needed to be married 10 years. Even if they had been, the amount would not interfere with any monies you would collect.

    • 5 Lov4nzyx2 // Jul 10, 2008

      She wouldn't get anything, she is not his current wife. If he has children with her, his children would be entitled to something, which, if they are minors at the time he dies it would probably go to her. Is he taking her to court to FIGHT for his kids??????

    • 6 starrfyrre // Jul 10, 2008

      You asked this question already. Everyone gave basically the same answer. No, she cannot collect because they were married less than 10 years. If he dies now, you will not be able to collect either.

    • 7 Drixnot // Jul 10, 2008

      She wouldn't get anything, but the child he had with her would and since only minor children get death benefits the check would be in her name.

      add - what state you are in doesn't matter at all when you are talking about SS becasue SS is a federal program.

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