Is a divorce by bed and board recognized for social security benefits?

Full question:

Will a divorce by bed and board be recognized by the social security administration as a divorce in order for the wife to receive social security benefits of a previous husband of 12 years?

  • Category: Divorce
  • Date:
  • State: Georgia

Answer:

A divorce by bed and board is a legal separation that does not dissolve the marriage. It means the couple is officially separated but cannot remarry. This type of divorce is often based on fault, such as desertion or cruelty, and varies by state law.

Since a bed and board divorce does not legally end the marriage, it is unlikely to be recognized by the Social Security Administration (SSA) as a valid divorce for the purpose of receiving benefits from a former spouse. To qualify for Social Security benefits based on a spouse's work record, a person typically needs a legal divorce that fully terminates the marriage.

For specific information regarding Social Security benefits and the implications of a bed and board divorce, it may be beneficial to consult a legal expert or the SSA directly.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

The 10-year marriage rule for Social Security states that to qualify for spousal benefits based on a former spouse's work record, the marriage must have lasted at least 10 years. If a marriage ends in divorce after 10 years, the lower-earning spouse may receive benefits based on the higher-earning ex-spouse's record, provided they are unmarried. This rule helps ensure that long-term marriages provide a safety net for the lower-earning partner in retirement.