Parents Separated for 20+ Years

[JustMe10628634]

My question involves a marriage in the state of: new york (long Island)

My parents have been apart for over 20 years. Living in their own places, just seeing each other at holidays or family functions. They are both 76. Both receive their social security. Would it serve any purpose for them to get divorced via uncontested divorce? Dad has always said that if he dies first mom will get his social security because it's more. Aside from that is there any reason to? Dad has some money now so he can afford it. Thanks for any info. Ask any questions if needed.

[llworking]

My question involves a marriage in the state of: new york (long Island)

My parents have been apart for over 20 years. Living in their own places, just seeing each other at holidays or family functions. They are both 76. Both receive their social security. Would it serve any purpose for them to get divorced via uncontested divorce? Dad has always said that if he dies first mom will get his social security because it's more. Aside from that is there any reason to? Dad has some money now so he can afford it. Thanks for any info. Ask any questions if needed.

If they stay married, your mother will basically get her SS Benefits bumped up to what his was before he died if his benefits are higher. If they are divorced, she would only be able to get a benefit of 50% of what his benefit was. So unless her current benefit is less than 50% of his current benefit it wouldn't do her any good.

There may be other factors in their situation that would make divorce problematic for one or the other of them. Therefore, unless one of them wants to remarry, or if one of them wants the marital assets fairly divided, or there is some other specific reason out there why a divorce would be needed, there may not be much point in divorce at their age

[JustMe10628634]

If they stay married, your mother will basically get her SS Benefits bumped up to what his was before he died if his benefits are higher. If they are divorced, she would only be able to get a benefit of 50% of what his benefit was. So unless her current benefit is less than 50% of his current benefit it wouldn't do her any good.

There may be other factors in their situation that would make divorce problematic for one or the other of them. Therefore, unless one of them wants to remarry, or if one of them wants the marital assets fairly divided, or there is some other specific reason out there why a divorce would be needed, there may not be much point in divorce at their age

ok thats what I thought. Dad gets $400 more than mom in SS. Neither will get married again and dad will leave anything he has left (which isn't much) to me to distribute to family. (because I'm the fair and responsible one LOL.) Thanks!

[adjusterjack]

ok thats what I thought. Dad gets $400 more than mom in SS. Neither will get married again and dad will leave anything he has left (which isn't much) to me to distribute to family. (because I'm the fair and responsible one LOL.) Thanks!

There's a problem with that. In NY a surviving spouse could elect against a will and still receive part of your Dad's estate even if his will specifically cuts her out.

See NY Estates, Powers and Trusts Article 5.

https://law.justia.com/codes/new-yor...icle-5/part-1/

Your Dad should see an attorney about how to get around that.

[pg1067]

Would it serve any purpose for them to get divorced via uncontested divorce?

. . .

Aside from that is there any reason to?

People who know nothing about them cannot answer this question intelligently.

Dad has always said that if he dies first mom will get his social security because it's more.

More than what? She may be entitled to survivor benefits since she is his spouse.

Also, if they're still married when he dies, she'll be entitled to at least a portion of his estate (and vice versa) -- regardless of what his will says.