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Collecting s.s retirement funds

Dan I was married to my first husband for 15yrs. I am disabled and soon will be 59 1/2 he is still working. someone told me i can collect half his retirement  or social security. is this true?

Also I am going through my second divorce of 19yrs. my ex to be spent all the 401k and he took off to mexico. if he doesn't support me like the court ordered him to can i go afte his s.s.? He is a u.s. citizen of 18yrs. even though he took off to mexico?

thank you

sincerely,

del-Linda

 


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Smile, it's contagious!

You do not receive his money. Rather your own entitlement which is a percentage based on his earnings if that is higher than it would be based on yours. It is not his money.  It is money you already paid into SS. If you could collect SS on first husband it would not be half. Since you remarried you get nothing. 2nd marriage cancels out entitlement to benefits from 1st marriage.  You cannot take someone else's SS.  If court granted you may be able to garnishee for a small percentage of 2nd husband's SS.  But, you must do it in US court with him present.  Sorry but you lose out all the way around on this one unless you husband returns to US there is nothing you can do.  However, your disability if lasting more than 1 year, allows you to claim disability benefits from the Social Security Administration. These benefits could be based on the earnings of your 2nd husband.   And, after 2 years of disability you are entitled to Medicare regardless of your age.  You may also be entitled to file for SSI if your income is at or near the federal poverty level.  Good luck.
Posted 2009-11-04T19:27:09Z
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