Ask Larry

What Should I Do?

My ex-husband died in 2011 he was divorced I left him and 1988 and he remarried and Social Security said I need a divorce decree and I tried everywhere is that he's been there said I'm still married for Social Security still said I need to get a divorce decree that's impossible when I don't know where he got married or if he got a divorce what should I I do

Hi. I'm not sure that I understand your situation. If you're applying for survivor benefits as a divorced spouse, then you must prove that you were married to the deceased worker for at least 10 years. Normally, a divorce decree is all that's needed for that purpose. If you don't know whether or not you were divorced, then I'm not sure what you should do. You can still apply for survivor benefits, which would give you appeal rights if Social Security disallows your claim. But, ultimately it's your responsibility to prove that you meet the requirements for benefits.

Divorce decrees can normally be obtained from the vital records department of the state in which the divorce was obtained.

Best, Jerry

Posted: 
Jan 12 2022 - 3:10pm
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