Dear Penny,
I am writing to you because I am in a difficult situation and I need some advice. I am a widow and my husband recently passed away. We were married for a long time, but before he died, we went through a secret divorce. I know this sounds strange, but please hear me out.
When my husband and I were going through a tough time in our marriage, we decided to divorce, but we never filed the paperwork or told anyone about it. We didn't want our family and friends to know that we were having problems, and we thought that maybe things would get better between us. Unfortunately, things did not improve and my husband passed away.
Now, I am trying to collect my husband's social security benefits, but I have been told that I am not eligible because we were divorced. Is there any way for me to collect these benefits despite our secret divorce?
The eligibility for social security benefits are based on certain conditions, mainly being married with the deceased person at least 10 years, and also that the divorcee is not remarried. In this case, because of the secret divorce, there is no official divorce records to prove the termination of marriage, but the fact that the divorce was not finalized and not official, It makes you still technically married, thus the eligibility for the benefits still exist.
However, It is important to note that if a secret divorce is discovered, it may be considered fraud and can lead to legal action. To avoid this problem, it is best to speak with a lawyer to figure out the best course of action for your situation. Your lawyer will be able to advise you on whether or not you can collect your husband's social security benefits, and also help you navigate any legal issues that may arise from your secret divorce.
Another option that can be considered, is to try to claim the benefits on the basis of being a common-law wife. Some states in US recognizing common-law marriage, which is defined as a relationship between two people who live together as if they are married, but do not have a formal marriage license. However, this also require a legal proof of cohabitation and depending on the state laws, some require a certain period of time, evidence of sharing the household expenses, etc.
In summary, the possibility of collecting social security benefits in your case would depend on the laws of your state and specific circumstances surrounding your secret divorce. It may be difficult to navigate this process, but it is important to seek legal advice and explore all possible options.
I hope this information helps. Remember that you are not alone, and that there are people who can help you through this difficult time.
Best of luck, Penny
Dear Penny,
I am writing to you because I am in a difficult situation and I need some advice. I am a widow and my husband recently passed away. We were married for a long time, but before he died, we went through a secret divorce. I know this sounds strange, but please hear me out.
When my husband and I were going through a tough time in our marriage, we decided to divorce, but we never filed the paperwork or told anyone about it. We didn't want our family and friends to know that we were having problems, and we thought that maybe things would get better between us. Unfortunately, things did not improve and my husband passed away.
Now, I am trying to collect my husband's social security benefits, but I have been told that I am not eligible because we were divorced. Is there any way for me to collect these benefits despite our secret divorce?
The eligibility for social security benefits are based on certain conditions, mainly being married with the deceased person at least 10 years, and also that the divorcee is not remarried. In this case, because of the secret divorce, there is no official divorce records to prove the termination of marriage, but the fact that the divorce was not finalized and not official, It makes you still technically married, thus the eligibility for the benefits still exist. However, It is important to note that if a secret divorce is discovered, it may be considered fraud and can lead to legal action. To avoid this problem, it is best to speak with a lawyer to figure out the best course of action for your situation. Your lawyer will be able to advise you on whether or not you can collect your husband's social security benefits, and also help you navigate any legal issues that may arise from your secret divorce.
Another option that can be considered, is to try to claim the benefits on the basis of being a common-law wife. Some states in US recognizing common-law marriage, which is defined as a relationship between two people who live together as if they are married, but do not have a formal marriage license. However, this also require a legal proof of cohabitation and depending on the state laws, some require a certain period of time, evidence of sharing the household expenses, etc.
It's also worth noting that you may be able to collect survivor benefits, even if you don't qualify for your own benefits. These benefits are available to widows, widowers and children, and they are based on the deceased spouse's work history and earnings. If you meet certain eligibility requirements, such as being unmarried, you can receive a portion of your late husband's benefit. It's important to note that if you are receiving your own benefits, they will be offset by any survivor benefits you receive.
In summary, the possibility of collecting social security benefits in your case would depend on the laws of your state and specific circumstances surrounding your secret divorce. It may be difficult to navigate this process, but it is important to seek legal advice and explore all possible options. You also may want to consider hiring a professional and experienced social security attorney, that can help you to present your case and maximize your chances of success.
I hope this information helps. Remember that you are not alone, and that there are people who can help you through this difficult time.
Best of luck, Penny
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