{"id":7814,"date":"2024-11-13T09:12:09","date_gmt":"2024-11-13T09:12:09","guid":{"rendered":"https:\/\/finderica.com\/can-i-get-my-dead-husbands-benefits-after-secret-divorce\/"},"modified":"2024-11-13T09:12:09","modified_gmt":"2024-11-13T09:12:09","slug":"can-i-get-my-dead-husbands-benefits-after-secret-divorce","status":"publish","type":"post","link":"https:\/\/finderica.com\/?p=7814","title":{"rendered":"Can I Get My Dead Husband’s Benefits After Secret Divorce?"},"content":{"rendered":"\n
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\"ScoreCard<\/p>\n

Dear Penny,<\/span><\/p>\n

My ex-husband was killed in a car accident in November 2018. We were married legally for five years. We got divorced so our daughter could get SSI. She has cerebral palsy.\u00a0<\/span><\/i><\/p>\n

When we divorced, we didn\u2019t tell anyone except for Social Security. Not even his parents knew we were divorced. We were planning on getting married again at the justice of the peace after our daughter turned 18. Unfortunately, he was killed three months before her 18th birthday.<\/span><\/i><\/p>\n

I took care of his funeral, and I am administrator of his estate. My daughter draws off of his benefits since she is disabled. I was told I don\u2019t qualify. Is there some way around this?\u00a0<\/span><\/i><\/p>\n

I barely worked in the 20 years we were together. I stayed home to take care of our daughter. She had endless doctor appointments, physical, occupational and speech therapy appointments, and several surgeries. Even now it is difficult for me to find a job around her schedule.\u00a0<\/span><\/i><\/p>\n

\u2014 Surviving Spouse<\/span><\/i><\/p>\n<\/div>\n

Dear Surviving Spouse,<\/p>\n

Unfortunately, the circumstances of your divorce don\u2019t matter to Social Security. If you\u2019re claiming retirement or survivor benefits based on an ex-spouse\u2019s record, Social Security requires that the marriage last for at least 10 years.<\/p>\n

But it sounds like you may qualify for something called Mother\u2019s or Father\u2019s Insurance benefits after your heartbreaking loss. The program is administered through Social Security. It\u2019s available to surviving spouses and ex-spouses who are caring for the child of a deceased worker who was fully insured. (In Social Security parlance, \u201cfully insured deceased worker\u201d refers to someone who died with enough work credits to qualify for benefits, which typically means they worked full time for at least 10 years.)<\/p>\n

You can receive Mother\u2019s or Father\u2019s Insurance benefits if the child is younger than 16 or, as in your case, the child is an adult who has a disability that began before age 22. You don\u2019t have to meet the 10-year marriage requirement, though you have to remain unmarried. The maximum benefit is 75% of your late husband\u2019s primary insurance amount, which is the benefit he would have qualified for at full retirement age.<\/p>\n

You\u2019ll only be eligible for this benefit if your daughter remains in your care. If you think your daughter may be able to live independently someday or that you may not be able to care for her at some point, that\u2019s important to keep in mind, particularly if you don\u2019t have enough work credits to qualify for Social Security benefits on your own.<\/p>\n

Since being your daughter\u2019s caregiver is clearly a full-time job, you also may be able to get paid as a caregiver. Many state Medicaid programs allow family members to earn money as caregivers, though the rules vary widely by state. If this is an option, you could earn Social Security credits of your own in addition to income.<\/p>\n

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Social Security\u2019s benefit eligibility screening tool<\/a> is a good resource for confirming that you qualify for Mother\u2019s or Father\u2019s Insurance, along with any other benefits. The rules for various Social Security benefits are incredibly complex, even for people who deal with issues like yours every day. It wouldn\u2019t surprise me if Social Security simply gave you incorrect information when they told you that you didn\u2019t qualify for benefits.<\/p>\n

I\u2019m sorry that on top of the tragic loss you and your daughter have endured, you\u2019re left to navigate these bureaucratic mazes. I hope these options will help to fill the financial void left behind.<\/p>\n

Editor\u2019s note: This column was originally published Sept. 29, 2021.<\/i><\/p>\n

Robin Hartill is a certified financial planner and a senior writer at The SS. Send your tricky money questions to <\/i>[email\u00a0protected]<\/span><\/i>.<\/i><\/p>\n

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Your willingness to share your story might help others facing similar challenges. <\/p>\n

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