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My ex-husband obviously only had jobs that paid him in cash or under the table since our divorce 23 years ago. I found this out after calling the Social Security office to apply for his retirement checks. He isn’t receiving any because the small amount he had in his account whittled down to nothing. Does that mean I have no recourse?
-L.
Dear L.,
You can only collect Social Security on a current or former spouse’s work record if they’re eligible for benefits. They need to be at least 62 and have a minimum of 40 work credits. That amounts to 10 years of working and paying the payroll taxes that fund Social Security and Medicare.
If your ex-husband isn’t eligible for Social Security and he’s 62 or older, it’s because he hasn’t earned 40 work credits, not because he’s depleted an account. Social Security doesn’t have separate accounts set aside for each of us . Benefits are paid out from Social Security’s trust fund based on how much you paid into the system.
I’m wondering if working under the table seems in keeping with the person you knew 23 years ago. This is a long shot, but if your ex-husband usually worked a regular job, perhaps it’s worth another call to Social Security to verify that they have the correct identifying information. Keep in mind, though, that all this is moot if you were married for less than 10 years, as you wouldn’t be eligible for your ex’s benefit even if it exists.
If your ex doesn’t qualify for retirement benefits, unfortunately, you won’t qualify for ex-spousal benefits. But maybe that’s not the dire news you think it is.
I’m guessing you’ve survived these past 23 years without support from your ex-husband. If you’ve earned at least 40 work credits on your own, you’ll probably get more money by taking your own retirement benefit.
Benefits for spouses and ex-spouses aren’t quite the boon many people expect. The average monthly spousal benefit as of…
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