Does this mean, I cannot apply for his social security when age appropiate since we divorced. Married over ten years....

Asked on Mar 09th, 2012 on Social Security - California
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25. The parties shall retain their respective Social Security rights as their respective separate property. Under present law, one party may have derivative rights to direct payments from the Social Security System from employment by the other party during the marriage and any such payments made directly to a party shall constitute the sole and separate property of such recipient. 26. A.
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Answered on Apr 07th, 2012 at 12:16 PM
It appears you have provided a paragraph from a divorce Decree, Settlement or Order.  I note you are from California, a community property law state - click here for an excellent article regarding community property.  It is not clear, but it appears you are referring to Social Security Disability benefits. Because I do not practice family law and I am not licensed in a community property state, I cannot render an opinion.  Rather, I offer these suggestions: 1.       Contact your divorce attorney that handled the case, and get an opinion; or seek an opinion from another attorney. 2.       Post your question online in the Divorce area. 3.       Contact SSA.  They may be able to give you some insight, but remember, they aren't lawyers, and you don't want to violate a Court Order. Community property is a very unique type of law, and you want to get a clear opinion from a professional on this one.  Thanks for a great question, and good luck.

No attorney-client relationship has been established because of the information provided. Seek local counsel to address your particular facts. MJHJ

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