Florida  |  Social Security Law

Legal Question

Asked on: 10/30/12, 4:42 pm

Ok this is a tricky one "maybe". My Dad divorced my Mom in 1973 in Santo Domingo after 13 yrs of marriage. My Mom was not present at the divorce proceeding or knew of it taking place so she does not have a divorce certificate. He never wanted to give her a copy. We know he did have some sort of document as he was able to get remarried in 1973 in Puerto Rico a month after he claimed to have divorced my MOM. Now my Dad has passed away and my MOM, since she never remarried and is his his first wife of 4 wives, can claim 50% of his SSI benefits. My Mom is 72 yrs old. She filed for her share but SSI is telling her that without her divorce decree she cannot claim her share. Yet his last wife can claim her benefits. My Mom has tried to locate the divorce decree with no avail and we have found nothing. WHat options does she have at this time so that she does not loose her entitled chance of getting her benefit?

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