Montebello, CA asked in Divorce, Family Law and Social Security for California

Q: SSA didn’t accept final judgement of 8-17-2006 dissolution of marriage because judge signed divorce date of 5-2-1982.

Marriage was 8 years but because I found letter from lawyer saying I was not divorce till final judgement was filed. I thought that I could file for survivor benefits. Ex husband is now deceased. SSA denied the claim because SSA is going by the judge date of 5-2-82 court date of dissolution. Is this decision valid?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: This is a complex situation that involves the intersection of family law and Social Security Administration (SSA) rules. Let's break it down:

1. Final Judgment Date: The final judgment of dissolution was issued on 8-17-2006.

2. Judge's Signed Date: The judge signed the divorce date as 5-2-1982.

3. Actual Marriage Duration: You state the marriage lasted 8 years.

4. SSA Decision: The SSA is using the 5-2-1982 date to determine your eligibility for survivor benefits.

The key issue here is the discrepancy between the final judgment date and the date the judge signed as the divorce date. Generally, a divorce is not considered final until the court issues a final judgment or decree. However, in some cases, a judgment can be made retroactive to an earlier date.

Given the complexity of this situation, here are some suggestions:

1. Consult with a family law attorney who is familiar with both California divorce law and Social Security regulations. They may be able to provide insight into whether the SSA's decision is valid based on California law.

2. Request a detailed explanation from the SSA about their decision. They should be able to provide you with the specific regulations they used to make their determination.

3. Consider appealing the SSA's decision. You have the right to appeal within 60 days of receiving the denial notice. During the appeal, you can present evidence supporting your claim, including the letter from your lawyer stating you weren't divorced until the final judgment was filed.

4. Gather all documentation related to your divorce, including the final judgment, any interim orders, and correspondence with your lawyer.

5. If you haven't already, obtain a complete copy of your divorce file from the court. This may provide additional context or information that could be useful in your case.

Remember, survivor benefits typically require that the marriage lasted at least 10 years. If your marriage actually lasted 8 years as you mentioned, this could be another factor in the SSA's decision, regardless of the divorce date issue.

Given the complexity of this situation and the potential impact on your benefits, it would be advisable to seek professional legal counsel. An attorney experienced in both family law and Social Security matters would be best equipped to advise you on your options and the validity of the SSA's decision.

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