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Old 02-11-2009, 11:01 AM
 
Location: mass
2,905 posts, read 7,328,363 times
Reputation: 5011

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Quote:
Originally Posted by younglisa7 View Post
This is not the case for me but it shows just another break down in our system. If someone is divorced their Ex can receive 50% of their SS and pension while the 1st person gets 100% of their benefits. This is what a divorce settlement is for. Why should an ex spouse receive anything after the divorce is final?

So for a husband, his ex, and his new wife(?) they would receive 200% of his benefits. Is that right? That seems insane. Just another bill for the American people to pay for.

Retirement Benefits

Benefits for a divorced spouse
Your divorced spouse can get benefits on your Social Security record if the marriage lasted at least 10 years. Your divorced spouse must be 62 or older and unmarried.

The amount of benefits he or she gets has no effect on the amount of benefits you or your current spouse can get.

Also, if you and your ex-spouse have been divorced for at least two years and you and your ex-spouse are at least 62, he or she can get benefits even if you are not retired.
the short answer to your question is because if the spouse wasn't working during the marriage, and it lasted 10 years or more, that was 10 years + worth of marital assets that was paid into SS that that person was entitled to half of, and if they didn't collect it during the divorce they should get it at some point.

A solution would be to determine how much was paid out during the marriage, and use the figure to assist w/determining the split of assets.

The main problem w/ the situation you describe is the total amount collected, it should not exceed 100% of eligible payments, no matter who is collecting it. We can't have SS paying 50% to 4 ex wives or husbands.
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Old 02-11-2009, 02:17 PM
 
92 posts, read 510,882 times
Reputation: 164
Social Security does have a "family maximum," which theoretically limits the monthly amount paid to a worker, his spouse, and any eligible children. The worker is paid his or her benefit, and the remainder of the maximum payable is divided among the other eligible family members

However, any amount paid to a divorced spouse, is outside the family maximum. This helps avoid resentment that might arise if a current family was slighted in order to pay a former spouse.

In fact, a person might have any number of former spouses eligible for benefits, as long as each marriage lasted ten years.
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Old 02-12-2009, 07:14 AM
 
335 posts, read 422,041 times
Reputation: 421
I'm so glad gays like myself can't marry.
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Old 02-12-2009, 08:19 AM
 
Location: Forests of Maine
37,239 posts, read 60,963,154 times
Reputation: 30133
I do understand how SS will give 50% to a widow. After all she should be able to get something.

The last time that I was in a SS office, in front of me was a group of people. One of them a Mexican citizen who the rest of the group had sponsored into the US. They claimed that her long dead father had been an American. Since he had been an American, then there should exist a policy under his name, under which this lady could file for benefits. The group of Americans all vacation together in Mexico, where they came to know this lady, and they all attested to her character, and were willing to sign as witness to anything as needed to support her claim that her father had been an American. Looking at this, I saw an elderly group of retirees, trying to help another elderly person. With no other documentation.

Which arises an issue. Lets say an American dies, and say 30 years pass, and one day that American's children become destitute in their old age. Should an elderly widow from another country be able to come here, to claim that her father had been an American, and to then get 50% of that pension?
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Old 02-12-2009, 03:24 PM
 
92 posts, read 510,882 times
Reputation: 164
Actually, a widow's (or widower's) benefit is based on 100% of the workers benefit, subject to some reductions.

In order to be considered "fully insured" to establish eligibility for benefits, including benefits payable to spouses, children, and survivors, a worker must have credit for forty calendar quarters of work, which requires work in at least ten years. Merely being an American citizen does not establish eligibility.

Social Security child's benefits based on a parent's work record, are not paid to a child over age 18, unless such child is under a disability which began before age 22.
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Old 02-13-2009, 08:26 AM
 
1,598 posts, read 1,928,515 times
Reputation: 1101
Quote:
Originally Posted by texdav View Post
The divorce person is entilteed to half of everyhting that is accumlated during the marriage in most stae at a minimum;That includes SS.
Our countries divorce laws are terrible and are the reason I doubt I'll ever get married, at least in the US.
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Old 02-13-2009, 10:39 AM
 
Location: Londonderry, NH
41,478 posts, read 59,548,039 times
Reputation: 24857
Undoubtedly he or she earned that income by putting up with you for all those years.
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Old 02-19-2009, 05:25 PM
 
1 posts, read 2,801 times
Reputation: 10
What if the divorce is finally and you have been married for 10 years. and a year later he retierd and got his retierment money all rerady is she still legally intitled to half of the money.and he is remarried
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Old 02-19-2009, 05:46 PM
 
Location: South Bay Native
16,233 posts, read 27,286,213 times
Reputation: 31477
Quote:
Originally Posted by killer2021 View Post
So glad I am not married. Freedom feels so great I can see many gold bars in my future.
Yeah, but those gold bars are pretty chilly between the sheets.
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Old 02-19-2009, 05:54 PM
 
Location: Forests of Maine
37,239 posts, read 60,963,154 times
Reputation: 30133
Quote:
Originally Posted by DontH8Me View Post
Yeah, but those gold bars are pretty chilly between the sheets.
You want warm sheets? buy a heating pad, or a large dog.

There is no colder bed sheets than marriage.
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