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Is first wife entitled to benefits?

Eligibility possible if marriage lasted 10 years, she is unmarried and not due more from own record

Q: I was married for 27 years and then divorced. My second wife was married to her former husband for about the same length of time. Is my first wife entitled to half my Social Security? If so, will that lessen my benefit? My first wife has not remarried. She will collect teachers' retirement and does not have Social Security on her own. Is my current wife entitled on her ex-husband's Social Security? We believe he plans to retire next year. S.L., Akron

A: The first wife could be eligible as a divorced spouse provided the marriage lasted at least 10 years, she is unmarried, she is not due more from her own record and you are both at least 62 years old. Any benefit paid to her will not reduce your Social Security amount. If she is a retired teacher and receives a pension from Ohio's STRS, the Social Security benefit would be affected by the Government Pension Offset provision. Your second wife would have to meet the same conditions to receive from her first husband. Since she is currently married to you, she can't receive from her ex at this time. If you would like more information, look at our Web site at http://socialsecurity.gov.

Q: I just received a Social Security letter telling me my disability was approved and I will be receiving checks effective with March 2003. I have two children ages 14 and 16. Wouldn't they also be eligible for benefits on my account? G.B., Twinsburg

A: If the children are under 18 or under age 19 and full-time students, they should also be eligible for benefits on your account. If an application for children's benefits hasn't been completed, you should contact Social Security right away. Start by calling 800-772-1213 and ask the representative to review your record. If an application for the children is needed, the representative can tell you what to do next. The children's benefit should amount to about half of your monthly rate.

Q: I will be 62 this fall and plan to file for retirement benefits within the next few months. Although I haven't worked since 1999, I have enough work credits to be eligible for about $648 a month. My husband is 64 and retired from the city of Canton in 2000. His pension is $2,400 per month. He never paid into Social Security or Medicare so he won't qualify for either. Can he be included on my Social Security application? B.H., Canton

A: Because your husband receives a public pension, he would not be eligible for a monthly Social Security check from your record. His husband's benefit would be affected by the ''Government Pension Offset'' provision. Under that provision, two-thirds of the city pension amount is subtracted from the husband's benefit rate. With a pension of more than $2,400, the offset amount would be $1,600. The good news is Government Pension Offset doesn't affect Medicare so he can qualify for the health insurance from your Social Security account at 65.


Send questions to Joe Paukovich, Social Security Administration, Second Floor, Federal Building, 2 S. Main St., Akron, OH 44308. Fax: 330-375-5616 or e-mail: Joseph.Paukovich@ssa.gov.

Q: I was married for 27 years and then divorced. My second wife was married to her former husband for about the same length of time. Is my first wife entitled to half my Social Security? If so, will that lessen my benefit? My first wife has not remarried. She will collect teachers' retirement and does not have Social Security on her own. Is my current wife entitled on her ex-husband's Social Security? We believe he plans to retire next year. S.L., Akron

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