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AnD48203 Asked January 2010

Dad wants a divorce from his second wife. Can she get his social security benefits?

Hi, My father remarried 4 years ago he had a probelem a week ago he is now in a Geropsychiatric hospital. Can his wife get his S. S. Check. He wants a Divrce from her. She want him to take care of her. I am in the process of getting power of attorney. She is not on his vistor list for the hospital. He gets very angry when is her name comes up.

EXPERT Ralph Robbins Jan 2010
No, his wife is not entitled to his social security check. If they divorce, it is possible that a judge could order a portion of his income be paid to her as part of settlement, but it is very unlikely.

As his wife, however, she does have certain spousal rights. You are wise to get the power of attorney as soon as is possible.

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