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  1. #1
    Join Date
    Aug 2019
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    1

    Default What Date Does Social Security Go by to Claim Deceased Ex Husband's S.s

    My question involves a marriage in the state of:We were married in Ohio and divorced in Florida. Our court date for our divorce was in Dec.2004. Dec. 2004 was 4 months shy of 10 years. My question is, does S.S. go by the clerk of courts stamped date to qualify for his benefits or my court date in Dec. 2004? I found out that , and I don't know why but, the Clerk of Courts in Sarasota county did not stamp our divorce decree until 2011, which would put me 10 plus plus years of marriage to claim benefits.

  2. #2
    Join Date
    Oct 2006
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    15,664

    Default Re: What Date Does Social Security Go by to Claim Deceased Ex Husband's S.s

    Quote Quoting lmk1961
    View Post
    My question involves a marriage in the state of:We were married in Ohio and divorced in Florida. Our court date for our divorce was in Dec.2004. Dec. 2004 was 4 months shy of 10 years. My question is, does S.S. go by the clerk of courts stamped date to qualify for his benefits or my court date in Dec. 2004? I found out that , and I don't know why but, the Clerk of Courts in Sarasota county did not stamp our divorce decree until 2011, which would put me 10 plus plus years of marriage to claim benefits.
    What date did the judge sign the divorce decree? Does that date reflect on the actual decree itself? Your court date definitely would not be the date, but it normally would be the date that the judge signed the decree. If the only date on the decree was the date it was stamped, then that is the date when your divorce became official, which is really, really strange.

  3. #3
    Join Date
    Mar 2013
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    17,218

    Default Re: What Date Does Social Security Go by to Claim Deceased Ex Husband's S.s

    I found this:

    Entry is the Key. Second, the date of entry of the judgment is controlling — not the date it is file stamped, listed as filed, or signed. Jones v. Gann, 703 F.2d 513 (11th Cir. 1983)(“The time for filing a notice of appeal begins to run not on the date that the judgment is filed but on the date the judgment is actually entered on the docket.”)(emphasis added). As the Southern District of Florida has explained, “an entry is not effective until it is actually placed on the docket sheet.” National Sav. Bank of Albany v. Jefferson Bank, 127 F.R.D. 218 (S.D. Fla. 1989). While ideally “the entry date would always coincide with the file stamp date, thereby automatically notifying the parties of the entry date and obviating the need for the parties to inquire as to the entry date,” that is not always the case. Thus, for purposes of calculating deadlines, “an order is ‘entered’ not when it is signed by the judge, nor when it is ‘filed’ (i.e., file stamped), but rather when it is actually recorded on the docket sheet.” Id.
    https://floridaappellate.com/2010/11...ersus-entered/

    Look up your divorce's "docket" on the court's website.

    Come back and report the results.

  4. #4
    Join Date
    Jun 2014
    Posts
    3,082

    Default Re: What Date Does Social Security Go by to Claim Deceased Ex Husband's S.s

    Do you have a copy of your divorce decree ? Your divorce decree is what SSA requires when you file on a divorced spouses record. If you are not at least 62 or disabled according to SSA. You are not eligible for benefits off of your ex's record. He also has to have paid in enough to social security.

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