Social Security Benefits Qualification Question

  • Thread starter Gene E. Utterback, EA, RFC, ABA
  • Start date

G

Gene E. Utterback, EA, RFC, ABA

I had an interesting question posed to me the other day, one for which I
cannot find an answer - so I'm reaching out to the good people of this NG to
see if any of you know the answer. BTW, I have written to SSA with the
details and the question - as soon as I hear back from them I'll post their
response here for everyone's benefit.

Here's the situation -

Female client was married for 11 years to her first husband, then divorced.
She then remarried, this time a Mexican National and moved to Mexico.
She was married to the Mexican for 15 years and divorced him in 2005.
She had no significant employment until after her second divorce. She now
works as a flight attendant and makes about $30K annually.

Here's the question -

Will she qualify to draw a portion of her FIRST husband's Social Security
Benefits?

I know that upon reaching retirement age spouses can choose to draw their
own SSA or a portion of their spouses, whichever is greater.

I know that the same rule applies to divorced spouses - my ex-wife can draw
either her own or a portion of my benefit - PROVIDING she has not remarried.

BUT since the woman married a NON U. S. Citizen and moved offshore, does
this count?

Thanks,
Gene E. Utterback, EA, RFC, ABA
 
Ad

Advertisements

B

Bill Brown

I know that the same rule applies to divorced spouses - my ex-wife can draw
either her own or a portion of my benefit - PROVIDING she has not remarried.

BUT since the woman married a NON U. S. Citizen and moved offshore, does
this count?
My money is on 'yes.' I look forward to your posting the SSA's version
of reality.
 
A

Alan

I had an interesting question posed to me the other day, one for which I
cannot find an answer - so I'm reaching out to the good people of this NG to
see if any of you know the answer. BTW, I have written to SSA with the
details and the question - as soon as I hear back from them I'll post their
response here for everyone's benefit.

Here's the situation -

Female client was married for 11 years to her first husband, then divorced.
She then remarried, this time a Mexican National and moved to Mexico.
She was married to the Mexican for 15 years and divorced him in 2005.
She had no significant employment until after her second divorce. She now
works as a flight attendant and makes about $30K annually.

Here's the question -

Will she qualify to draw a portion of her FIRST husband's Social Security
Benefits?

I know that upon reaching retirement age spouses can choose to draw their
own SSA or a portion of their spouses, whichever is greater.

I know that the same rule applies to divorced spouses - my ex-wife can draw
either her own or a portion of my benefit - PROVIDING she has not remarried.

BUT since the woman married a NON U. S. Citizen and moved offshore, does
this count?

Thanks,
Gene E. Utterback, EA, RFC, ABA
The person applying must be unmarried at the time they seek SSA
benefits. It doesn't matter how many times the person was
married and/or divorced or whether they were married to a citizen
or non-citizen. If married and divorced multiple times and more
than one marriage lasted at least 10 years, the person can apply
for benefits based on the ex-spouse that provides the biggest
benefit.

You are entitled to a divorced spouse's insurance benefits on the
worker's Social Security record if:

1. The worker is entitled to retirement or disability
insurance benefits;
2. You have filed an application for divorced spouse's benefits;
3. You are not entitled to a retirement or disability
insurance benefit based on a primary insurance amount which
equals or exceeds one-half the worker's primary insurance amount;
4. You are age 62 or over;
5. You are not married; and
6. You were married to the worker for at least 10 years
before the date the divorce became final.
 
Ad

Advertisements

M

Mark Bole

Will she qualify to draw a portion of her FIRST husband's Social Security
Benefits?
The answer would be "yes", as long as the subsequent marriage is ended.
BTW, why do you keep on using the term "a portion", why wouldn't it be
the full amount (subject to ordinary rules for reduced benefits based on
age, continued employment, etc).
I know that upon reaching retirement age spouses can choose to draw their
own SSA or a portion of their spouses, whichever is greater.

I know that the same rule applies to divorced spouses - my ex-wife can draw
either her own or a portion of my benefit - PROVIDING she has not remarried.

BUT since the woman married a NON U. S. Citizen and moved offshore, does
this count?
I don't see how marriage and divorce with a non-citizen makes any
difference. The woman is still a U.S. citizen, right?

-Mark Bole
 

Ask a Question

Want to reply to this thread or ask your own question?

You'll need to choose a username for the site, which only take a couple of moments. After that, you can post your question and our members will help you out.

Ask a Question

Top