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Is My Ex-Spouse Still Eligible For My Benefits While She's In Prison?
I was married 10 yrs..but my ex is in prison for murder..is she still eligible for my ss benefits
Hi. There isn't enough information in your question for me to know if your ex-wife is eligible for divorced spousal benefits, but even if she's eligible she couldn't be paid any Social Security benefits while she's incarcerated due to a felony conviction. In order to even be technically eligible for divorced spousal benefits your ex would need to be unmarried and at least age 62, and you would either have to be at least age 62 or drawing Social Security retirement or disability benefits (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html).
I should also mention that even if your wife is released and then qualifies to be paid divorced spousal benefits, it wouldn't have any adverse effect on your Social Security benefits. Nor would it adversely affect any other spousal, child or survivor benefits payable from your Social Security record.
Best, Jerry