@lakwhut
Since when are you a Posek?
If a Jewish Couple had a civil marriage then they need to get a civil divorce in many jurisdictions.
If they don’t…there are consequences that may prove to be expensive or worse.
#1 Remarry and get charges with bigamy…jails/fines
#2 Tax liability on your ex-spouse’s income
#3 Your ex-spouse’s income may be counted in determining social benefits (Section 8, SNAP, tuition assistance.
#4 You new wife goes to collect a spouse’s Social Security benefit and you find out your first wife is already collecting against you
#5 Your first spouse has a claim on your pension
Every married couple needs not only a civil divorce but a properly executed QDRO…Qualified Domestic Relations Order. This spells out what happens with benefits such as a pension that may be many decades off.
I recently represented a Jewish Woman against her ex. He turned 60, retired and went to collect his pension from the State of CT. He filled out the forms electing to have wife #2 collect his pension after his death and taking a smaller monthly amount. SURPRISE!!!!!! 35 years ago when he was divorced from wife #1 I represented her in civil court (they already had a get from the beis din. I drafted the QDRO which was approved by the civil court judge. Wife #1 was entitled to one half the value of his state pension at its vested value at the time of divorce. His election to take a smaller pension so wife #2 could have a survivor’s benefit violated the terms of the QDRO. He was forced to take full monthly payments and wife #1 gets a check for 27% from the state each month, he gets 73%. If he had been allowed to take the reduced sum wife #1 would only be receiving an amount equal to 16%.
Lakwhut, you are NOT an attorney and should not be giving legal advice or making legal pronouncements.
Dina malchusa Dina………………….
I don’t take Jewish Divorce Clients unless they agree to a get in a beis din in addition to the civil divorce for tax and other similar purposes.