Ask Larry

Will I Get To Keep My Divorced Spousal Benefits If My Ex Is Incarcerated?

Hello:
I have been collecting the "Divorced Spouse Benefits" for a couple of years now.
The marriage lasted well over 10 years & the divorce was well over 2 years ago.
I understand that I am what is called "Independently Entitled".
Does it means that my ex' whereabouts do not matter?
I learned that he is going to be jailed for a long time.
Am I going to be able to keep the benefits while he is incarcerated?
Thank you

Hi,

Yes. If a person is incarcerated, only their Social Security benefits are suspended. Any auxiliary (e.g. spousal, divorced spousal, child) benefits payable from the imprisoned worker's Social Security account can continue to be paid while the worker is imprisoned.

Best, Jerry

Category: 
Posted: 
Aug 10 2020 - 8:27am
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