1. Home
  2. Taxes General Forum
  3. Social Security Benefits Qualification Question

Social Security Benefits Qualification Question

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

Reply to
Gene E. Utterback, EA, RFC, AB
Loading thread data ...

My money is on 'yes.' I look forward to your posting the SSA's version of reality.

Reply to
Bill Brown

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.
Reply to
Alan

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 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

Reply to
Mark Bole

BeanSmart website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.