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Does my son need to inform social security that he divorced his spouse and that she remarried?
He is planning on remarrying, and was told that if he were to die, his first wife would get a good chunk of the benefits, the second wife getting next to nothing, as this has happened to another person. Is there any truth to this?
A friend of mine, who was the second wife - found that when her husband died, the majority of his SS benefits did indeed go to his first wife, who was remarried. Doesn't seem fair, does it.
8 Answers
- kpLv 71 decade agoFavorite Answer
No, he doesn’t need to inform them.
The belief that “his first wife would get a good chunk of the benefits, the second wife getting next to nothing “ is completely incorrect. His first wife can receive benefits (in addition to his current wife) IF they were married at least 10 years and she doesn’t remarry before the age of 60 (unless that marriage later ends by death, divorce, etc), but her benefits would not affect the amount of his current wife’s benefits.
I don’t know what happened in your friend’s case or why she thinks the first wife got the “majority” of hubby’s benefits, but that’s not what is supposed to happen, so she needs to question it.
Here’s a link to the Social Security Administration website:
- mn ladyLv 61 decade ago
No there is not truth to it. At the time the person dies the surviving party has to provide documention such as birth certificates, death certificates and marriage license. It would be quite easy for the next wife to contest.
You should be aware that if the marriage was of sufficient length of time, and you will have to check how long, the first wife can draw disability benefits from his social security number even if he is alive. My mother drew from my dad while he was alive and they were divorced but they were married over 20 years. My sister did the same thing and she was married for 13 years
Good luck to your son
- 1 decade ago
If something were to happen to your son, his ex won't get anything from his benefits unless they have minor children together at the time of his death in which case his children would get money as would his new wife and their children together. If he is having to pay any kind of spousal support and still is at the time of then the ex might get some of SS money. If and when his ex remarries the spousal support would stop as would any ss money she would receive. Now in the case of your sons death if the first wife tried to apply for the SS money then his current wife would just need to contact SS office and make them aware that the ex is not entitled to SS money.
- wizjpLv 71 decade ago
No. His marital status will be resolved when he passes and his current wife will be required to presesnt proof of current marriage. Any benefits will have nothing to do with an ex-spouse.
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- 1 decade ago
If there is a decree of divorce, it should already be recorded. The dissolution of marriage, and the new marriage license should change any direct beneficiary arrangements, but your son should do a will (through a lawyer preferably) naming his new wife the sole beneficiary of his estate in the interest of any children he might have
- the_orc_1Lv 41 decade ago
they will know when he marries and they file taxes and if he dies the benefits will go to current wife unless ex and he was together for 10 yrs i think that is the way it works had to research it because i wanted to make sure my ex got nothing the lousy golddigging.......... oh sorry for ranting lol