General Question

dabu's avatar

Can my wife collect my social security?

Asked by dabu (3points) May 22nd, 2009

my wife and i have been separated for 20 something years and she owns a house she bought when we were apart she also bought property in PA. with her boyfriend is she entitled to get any of my social security she is on ssi and disability she has bipolar disorder and whatever else i am 51 she is 47

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13 Answers

CMaz's avatar

Yes she can, if you are married. Or, if you die before you divorce.

dabu's avatar

well what about if i get divorced from her and what happens to all the property am i free of all that stuff

Simone_De_Beauvoir's avatar

@dabu I really think that, if you can afford it, you better run this all by a lawyer…trust me, I’ve been through a divorce

chyna's avatar

She will still get your social security if you two divorce if she does not remarry. I don’t know about the property.

dabu's avatar

yes but all i want is a divorce nothing else and i have no money for a lawyer

dynamicduo's avatar

A lawyer is critical here. No one on the internet can or will provide you with the knowledge you seek (real lawyers NEVER provide legal information online for free, thus the only legalese responses you will get are from non-lawyers, which means it’s pretty much worthless). Get a loan for the lawyer if you need it, call around to find any who operate on a sliding scale. I guarantee you, you will be in way more hassle both mentally and financially if you don’t get a lawyer.

PandoraBoxx's avatar

How the property divides is based upon how the title to the house is structured. Most property is deeded to married couples in joint survivorship, meaning the last person living gets the house. The property can only be sold by both individuals. The other type of title is “in fee simple” meaning that each party owns a part interest in the property. In this case, an owner can sell their share of the property to another party. If you own property in joint survivorship, you cannot deed the property to another person, because after you die, the property conveys by joint survivorship to the surviving person.

The fact that she owns a house with another individual is immaterial to your question. You really need to see an attorney and get your exact situation straightened out.

jrpowell's avatar

You probably have some sort of legal aid where you live. They aren’t great but the can point you in the right direction. And they know the local laws.

skfinkel's avatar

It sounds like quite a bit of money may be at stake here, so even though you think you don’t have enough right now, I would follow the advice of what I suspect are lawyers on fluther and get some good guidance. It might cost you something now, but you might save lots and lots of money over the long term.

Meanwhile, I hope she has some source of support as well.

Supacase's avatar

I would think that if she is entitled to any of your things, you are entitled to a portion of hers – like some stake in her home and property. I don’t know for certain. I just say this because you definitely need to consult an attorney so you don’t get royally screwed over.

augustlan's avatar

Get thee to a lawyer.

Side note: Why have you been separated for 20+ years without divorcing?!?

casheroo's avatar

My grandmother received my grandfather’s social security…and they had been divorced for many years. I believe he even had a new wife, who didn’t get anything. He had worked for the railroad, and they only recognized my grandmother as his wife because she had all of his children (seven of them) maybe it was different times, different legalities.
I’d defnitely get a lawyer.

dabu's avatar

can i get a divorce if we have been separated for over 20 years that will not require all kinds of financial stuff my kids are grown adults now aLL I WANT IS A DIVORCE I LIVE IN MASSACHUSETTS IF THAT MAKES A DIFFERENCE

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