I'm pretty sure the question was regarding annulling a second marriage so that SS benefits from a long-term (10 years +) first marriage can be retained. My understanding (and please, if this is wrong, I would appreciate being educated on it):
A divorced spouse is entitled to have benefits calculated on the other party's contribution record. For example, Susie Homemaker is unemployed for her 26 year marriage, but her Husband Wealthy Will earned $200,000 and was maxing out the SS contribution. When Will retires, Susie's benefit will be no less than 50% of Will's, even though she never worked.
BUT - Susie remarries Gus Gaspumper. Gus earns $7 per hour. They remain married for one day. Susie just lost all her SS benefits.
I think this is the basic question here -- if Susie gets an annulment from Gus (rather than a divorce), is her entitlement to 50% of what Will earned reinstated?
If that's the question, then I would say "yes" -- an annulled marriage "never happened." So unless there's a specific IRS reg to the contrary, I'd say Susie is back to getting benefits based on Will's earnings record.
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David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
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Original Message:
Sent: 03-07-2013 16:23
From: Andrew Bestafka
Subject: Annul to Reclaim Social Security
My past pre-nup client wants to end her second marriage, which has only lasted 5 months so far. The question is, if she annuls it, as opposed to a divorce, would she then be able to reclaim the Social Security benefits she lost by getting remarried but would have received by virtue of having been married to her previous husband for over 10 years?
Andrew Bestafka Esq.
Freehold NJ
(732)898-2378
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