Complex family relationships can make it quite a challenge to figure out exactly for whom an employee may legally take bereavement leave. A spouse is someone to whom your employee is currently married. It does not include a former spouse.
Social Security rules allow a qualifying former spouse to claim benefits based on the work history of a higher-earning ex. These benefits are worth up to 50% of that former spouse's Social Security benefit at full retirement age. However, if that former spouse dies, the benefit's value is worth up to 100%.
you're eligible for some of your ex's Social Security
wives and widows. That means most divorced women collect their own Social Security while the ex is alive, but can apply for higher widow's rates when he dies.
You can't receive Social Security survivor's benefits if you remarry before 60. If you remarry after age 60 (50 if disabled), you can still collect benefits on your former spouse's record.
With Social Security, the longer you wait to claim, the larger the amount of monthly payments you'll generally receive on your own work record. However, your benefit as an ex-spouse will not get any larger than half your ex's PIA.
If your ex-spouse died after you divorced, you can still qualify for widow's benefits. Visit Retirement Planner: If You Are Divorced to find all the eligibility requirements you must meet to apply as a divorced spouse. We hope this news adds some joy to the range of emotions you feel when thinking of your “Ex”!
With respect to spousal support (sometimes called alimony), the death of either the supporting party or the supported party terminates an existing spousal support order unless the parties have “otherwise agreed” in writing.
Generally, ex-spouses will sit with friends of the deceased, rather than the family. The exceptions to this would be if you need to sit with your young children, or if you are specifically invited by the family to do so. Keep your condolences brief. Try to express your support without making it about you.
No, under California law, if you are divorced, you are not considered a widow or widower when your former spouse passes away.
Five states require employers to provide bereavement leave for their employees, including California, Oregon, Illinois, Maryland, and Washington. Washington's law is limited as it only offers bereavement leave for employees that experience the death of a child under certain circumstances.
Program Description. Are you divorced from an ex-spouse who died? If so, you may qualify for benefits as a surviving divorced spouse.
When you are divorced from someone and he dies are you a widow? No, you are not a widow or a widower. You are just someone your ex “used to know”, at least in the eyes of the church, the law, your former in-laws and, yes, even your children.
This is good news when former spouses are not on good terms. Your ex cannot “block” you from drawing your spousal benefit. In fact, he probably won't even know if you are drawing off him unless he calls SSA to ask.
Former family member means (i) a spouse or stepchild who was a family member but ceased to qualify as a family member as the result of a divorce, death, or any other reason or (ii) an individual who was a family member but ceased to qualify as a family member as the result of his or her adoption by an individual who is ...
If the ex-spouse passed away without leaving a valid will, the distribution of their assets is governed by the state's intestacy laws. In most states, a divorced spouse is not considered an heir under intestacy laws and is not entitled to any of their ex's property.
REQUIREMENTS TO RECEIVE AN EX-SPOUSE BENEFIT
In order to receive a benefit based on the earnings record of your ex-spouse, you must be married for ten consecutive years and the divorce must have been finalized two years ago.
What is the purpose of alimony? To provide "reasonable and necessary" support. The person asking for alimony must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support.
Ex-spouses who were married for at least 10 years, as well as some valid non-marital legal relationships, may be eligible. You might be eligible regardless of age and how long you were married. One common example is if you're caring for a child of the person who died.
The Bottom Line. If you were married to them for at least 10 years, you may be able to collect Social Security benefits based on your ex's work record. If you meet the requirements, you can receive benefits equal to as much as 50% of your ex's retirement benefit.
You are eligible to receive one-half (50%) of your ex-spouse's retirement benefit. If your ex-spouse should die before you, you can receive their full retirement benefit. The benefit does not include any delayed retirement credits your ex-spouse may receive.
Any person with a previous marriage that ended in divorce is eligible if the ex-spouse was fully insured for Social Security benefits and the marriage lasted at least 10 years. A person with a previous marriage that ended in widowhood is also eligible if the spouse was fully insured.
Have you heard about the Social Security $16,728 yearly bonus? There's really no “bonus” that retirees can collect. The Social Security Administration (SSA) uses a specific formula based on your lifetime earnings to determine your benefit amount.
Original divorce agreement: If the divorce decree explicitly states that the pension is to be divided, the ex-spouse may still have a claim, even years later. State laws: Some states have statutes of limitations on claims against retirement assets, while others may allow claims to be made at any time.