I came across your site doing research. My husband died June 2010. His first wife who we both thought they were divorced back in 1984 has filed claim as surviving spouse. I went back in the records, and discovered she filed an interlocutory judgment for dissolution of marriage, then filed a default when he did not respond but she never followed through nor did the Judge in Rancho Cucamonga for the final divorce decree. I was wondering if I could go back to the court and file nunc pro tunc on this, and ask for the final decree this many years later? Please help with suggestion on what to do. Also he worked from 1994-2010, she married twice after her alleged divorce from my husband, and put on affadavits for license that she was divorced, in order to get married, and now is going after his pension because she has realized it was not final. Help

She may qualify for the benefit. Its mostly going to depend on the circumstances at this time. Her being remarried does complicate things but it still doesn't disqualify her depending on other factors. Have you called the Social Security to ask them about it? Is your benefit being reduced because of it?

Qualifying for divorced spouse benefits


Mulitple spouse benefits

You most certainly should try and do it, but it may turn out that both her and even your current marriage is invalid if that divorce is found to be not valid.