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OP, definitely check if your mom would receive more SS money based on her ex’s earnings as she was married more than 10 years. Her ex would never know and it would affect neither him nor any other later wives in their SS payments.
I agree with others that the divorce papers will spell out the settlement so obtain that info. Sometimes there was an exchange made for part of the pension (house, cash, etc.) at the time of the divorce.
Sadly many women just didn’t have good advice or needed money at the moment. I have a friend who signed divorce papers just days before her 10 year wedding anniversary. She was never warned by her lawyer and would have received hundreds more in SS now based on her ex’s earnings if she had known.
It really has nothing to do with military rules however. It only has to do with what is in their divorce decree. OP hasn’t responded to questions about it, but it is normally detailed in divorces. If she signed away rights to the pension in exchange for the house or some other monetary gain, it doesn’t matter at all what the eligibility rules say. She’s going to have to take him back to divorce court to get any of his pension. It’s a lot to undertake at age 83.
I beg to differ OCNJGIRL It does have to do with military rules. If he was not paying into the Survivor Benefit Pension (SBP) and named her as beneficiary, she has no case. The military pension ends at his death. My spouse spent 20+ years in the military and at the time of his divorce from his first wife, half his military pension was to go to his first wife of 20 years, via a QDRO. He had to pay a monthly amount which was taken from his military retirement for SBP and stipulated his first wife was beneficiary. Upon his death, as beneficiary and the fact he paid the SBP, she would continue to receive 55%.
I beg to differ OCNJGIRL It does have to do with military rules. If he was not paying into the Survivor Benefit Pension (SBP) and named her as beneficiary, she has no case. The military pension ends at his death. My spouse spent 20+ years in the military and at the time of his divorce from his first wife, half his military pension was to go to his first wife of 20 years, via a QDRO. He had to pay a monthly amount which was taken from his military retirement for SBP and stipulated his first wife was beneficiary. Upon his death, as beneficiary and the fact he paid the SBP, she would continue to receive 55%.
Don’t forget, OPs mother is 83 years old. I can’t imagine she just forgot what her benefits were for 20 years, or had no idea he had a pension. I have a feeling she signed away rights and OP is simply doing whatever he can try to find her some money. I get that, but step number one has to be knowing what the divorce decree says.
Don’t forget, OPs mother is 83 years old. I can’t imagine she just forgot what her benefits were for 20 years, or had no idea he had a pension. I have a feeling she signed away rights and OP is simply doing whatever he can try to find her some money. I get that, but step number one has to be knowing what the divorce decree says.
If it was in the decree she would have been receiving it all these years.
If it was in the decree she would have been receiving it all these years.
Yes that’s the point. So she may have signed it away or something which would also be in the decree. Either way, any agency would need to know what was agreed-upon, they cant just answer this question generically.And any case it doesn’t change the fact that you need to take him back to divorce court. Only a judge and a court order can force him to share his pension at this point.
Well, turns out half of Dad’s social would be less than what Mom currently gets, at least we know now...better to know than to wonder. Thanks for all the input everyone.
OP, definitely check if your mom would receive more SS money based on her ex’s earnings as she was married more than 10 years. Her ex would never know and it would affect neither him nor any other later wives in their SS payments.
I agree with others that the divorce papers will spell out the settlement so obtain that info. Sometimes there was an exchange made for part of the pension (house, cash, etc.) at the time of the divorce.
Sadly many women just didn’t have good advice or needed money at the moment. I have a friend who signed divorce papers just days before her 10 year wedding anniversary. She was never warned by her lawyer and would have received hundreds more in SS now based on herex’s earnings if she had known.
I agree with the bolded paragraph.
Speaking only for myself but I am guessing I was not the only one, I was so anxious to get him out of my life I did not think about the financial end. I had a terrible lawyer (he was recommended to me by my hairdresser!). I was married 21+ mostly miserable years and waited for the kids to be out of high school.
I'm divorced 36+ years (never remarried). Life is good.
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Uniformed Services Former Spouse Protection Act
