Can I still claim Social Security with an unresolved marriage from the 80s?
I need advice about my Social Security benefits and a messy past situation. Back in 1985, I got married to someone who turned out to be abusive. He disappeared after about 6 months, and I made two attempts to get divorced - one that cost me over $4,000 but never actually resulted in a legal divorce. Since I wasn't planning to remarry, I eventually just stopped trying and moved on with my life. Now I'm approaching retirement age and worried about what this means for my Social Security benefits. I don't have his SSN, don't know exactly which year he was born (though I remember his birthday is May 12th). I'm not even sure if he's still alive, but doubt he ever earned much above poverty wages. How will this unresolved marriage affect my ability to collect Social Security retirement benefits? Will they deny my application if I can't provide information about a husband from nearly 40 years ago?
18 comments
Isabella Santos
You should be fine for your own retirement benefits. Your marital status doesn't affect your ability to claim your own Social Security retirement benefits based on your work record. The unresolved marriage would only matter if you were trying to claim spousal or survivor benefits on his record (which doesn't sound like what you want to do anyway). Your own retirement benefits are based on your own earnings history, regardless of marital status. Just apply as normal when you're ready to claim benefits.
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Malik Davis
•Thank you so much! That's a relief. I've been worrying about this for months. So when I apply, do I list myself as married or what? I'm concerned about committing fraud if I say I'm single when technically I'm still married?
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StarStrider
As someone who's been through almost the exact same situation, I can tell you from experience what will happen. When you apply for SS benefits, you'll need to list ALL marriages. You'll put down the date of marriage and then for the end date, you'll select "unknown" or "separated" since you don't have a divorce decree. This is IMPORTANT: they will ask for his SSN and other details - just provide whatever information you do have, and write "unknown" for what you don't know. The SSA will research if he's eligible and if you qualify for any spousal benefits (unlikely after only 6 months of marriage). But your OWN benefits won't be affected regardless. Just be 100% honest on the application.
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Malik Davis
•This is incredibly helpful! I didn't realize there would be an "unknown" option on the application. That makes me feel much better about the whole process. I'll plan to be completely honest about everything I do and don't know.
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Ravi Gupta
ur overthinking this. my mom had 3 ex husbands and got her ss just fine. they only care bout YOUR work record for YOUR benefits.
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Freya Pedersen
•This isn't entirely accurate. SSA does care about marital history because it can affect benefit options and amounts. The application requires disclosure of all marriages and when/how they ended. Missing information can delay processing. While she can still get benefits on her own record, providing accurate marital history is required by law.
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Omar Hassan
I went through this EXACT SITUATION last year and it was a NIGHTMARE trying to reach someone at Social Security to help me!!! I kept calling and calling and would be on hold for 2+ hours only to get disconnected. I tried going to the local office but the line was out the door at 7am!! I finally used a service called Claimyr (claimyr.com) which got me through to an agent in under 10 minutes. They have this video showing how it works: https://youtu.be/Z-BRbJw3puU. The agent walked me through exactly what to put on the form when I didn't have all my ex's info. Saved me SO much stress.
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Malik Davis
•Thanks for the tip! I've heard the horror stories about trying to reach SSA. I'll check out that service if I run into problems. Did the agent give you any trouble about not having your ex's information?
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Chloe Anderson
Everyone seems to be focusing on retirement benefits, but there's another option to consider. Since this marriage lasted less than 10 years (WAY less), you wouldn't qualify for spousal benefits on his record anyway. However, I do recommend you try to officially resolve this situation before applying for benefits. While it won't stop you from getting YOUR benefits, having an unresolved marriage could cause complications, especially if he somehow tries to claim on your record someday or if his survivors eventually try to. If you have no idea where he is, most states have procedures for divorce when a spouse can't be located. You might ask in r/legaladvice about options in your state.
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Malik Davis
•That's a good point. I hadn't thought about him or someone else trying to claim on MY record. I'll look into the divorce options in my state. It just seemed so expensive and complicated before that I gave up.
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Diego Vargas
I got DIVORCED twice and it caused NO ISSUES with my SS application!!! They just asked for the info and I gave it. The whole process was smooth and my check hits my account EVERY MONTH like clockwork! Your situation sounds more complicated but I don't think they'll deny benefits that are RIGHTFULLY YOURS just because of some ancient marriage! The government isn't THAT cruel (usually)!
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CosmicCruiser
•The government isn't that cruel? Lol tell that to all the disabled people who get denied SSDI multiple times before finally getting approved. Or the people with overpayment notices who did nothing wrong. The system IS that cruel sometimes.
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Freya Pedersen
Social Security Representative here. Your own retirement benefits are entirely based on your own work record and are completely separate from any marital considerations. When you apply, you'll need to disclose all marriages as a legal requirement, but limited information about a spouse from decades ago won't prevent you from claiming your benefits. However, there are two technical points to be aware of: 1. You'll need to select "married" as your current status if legally you never divorced, even if you've been separated for decades. 2. On the application, you'll need to provide whatever information you have about the marriage (date, location, spouse's name) and indicate "unknown" for information you don't have. The SSA has procedures for handling situations like yours. Be truthful on your application to avoid potential fraud issues later.
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Malik Davis
•Thank you for the expert advice! I'll mark myself as married and provide whatever information I can remember. Is there any documentation I should try to gather before applying? Would a copy of the marriage certificate help?
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Freya Pedersen
Yes, a copy of your marriage certificate would be helpful documentation. If you don't have it, you can usually request one from the vital records office in the county/state where you were married. Any paperwork from your previous divorce attempts might also be useful to document that you made good faith efforts to resolve the situation. When you apply, be prepared to answer questions about why you didn't complete the divorce - just be honest about the circumstances.
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Malik Davis
•I'll see if I can locate the marriage certificate and maybe find some of those old attorney bills from my divorce attempt. I appreciate all the help! This has been weighing on me for years.
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Ravi Gupta
i had my friend who works at ssa look up ur question and she said as long as u dont try to claim on his record ur totally fine. just be honest on the forms and ull get ur money no prob
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Isabella Santos
•Please don't tell people you had a friend "look up their question" at SSA. That's incredibly misleading and possibly illegal if someone actually did that. SSA employees cannot access records without proper authorization, and they definitely shouldn't be discussing cases with friends. OP, please rely on official information from SSA, not anecdotes like this.
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