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Can i get alimony if my husband is on social security

Join AARP at 1 p. Learn more. If you're divorced, you may still qualify for Social Security benefits from your former spouse. I'm told that as a divorced woman, I might qualify for Social Security benefits on the work record of my ex-spouse. Is that true?

SEE VIDEO BY TOPIC: David Allen - Pension Benefits after Divorce

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Divorce and Social Security Disability Insurance (SSDI)

If you are divorced, your ex-spouse can receive benefits based on your record even if you have remarried if:. The benefit that your ex-spouse is entitled to receive based on their own work is less than the benefit they would receive based on your work; and.

If you have not applied for retirement benefits, but can qualify for them, your ex-spouse can receive benefits on your record if you have been divorced for at least two continuous years.

If your ex-spouse is eligible for retirement benefits on their own record, we will pay that amount first. If the benefit on your record is higher, they will get an additional amount on your record so that the combination of benefits equals that higher amount.

If your ex-spouse continues to work while receiving benefits, the same earnings limits apply to them as apply to you. If your ex-spouse is eligible for benefits this year and is also working, you can use our retirement earnings test calculator to see how those earnings would affect those benefit payments. If your ex-spouse will also receive a pension based on work not covered by Social Security, such as government work, their Social Security benefit on your record may be affected. If you need information about collecting benefits on your divorced spouse's record, please read If You Are Divorced.

Home Retirement Disability Survivors Calculators. If your ex-spouse files for one benefit, they will be effectively filing for all retirement or spousal benefits. The amount of benefits your divorced spouse gets has no effect on the amount of benefits you or your current spouse may receive. Scammers are pretending to be government employees. Learn how to protect yourself and report scams.

Senior Couples and Divorce in Illinois

Long-term marriage divorces are far more common. With increasing health and vitality into older ages, we are seeing more and more long-term marriage divorces. Retired or individuals close to retirement who divorce face different problems than other couples. Help from a qualified divorce lawyer can address some of these unique challenges. Now that people are living longer, there are more and more divorces involving long-term marriages.

Family lawyers are increasingly hearing from divorced clients who are getting ready to retire or have retired and who have a spousal support obligation or a right to receive support under a court order. A court order may result from a trial or as part of a settlement agreement adopted by a court in the judgment of divorce.

The Social Security Administration will calculate each benefit for you, and you will receive whichever is the higher amount. You do not receive both benefits. You can start collecting benefits if your ex-spouse is 62 or older and you have been divorced for two or more years. If he should die before you, you can receive his full retirement benefit. The benefit does not include any delayed retirement credits your ex-spouse may receive.

Social Security Benefits for Divorced Spouses in Florida

Why Zacks? Learn to Be a Better Investor. Forgot Password. Social Security retirement exists to provide for people who paid into the system while they were working. To protect the income of recipients, the government exempts Social Security benefits from most claims on a person's assets. However, if you owe certain types of debt, such as alimony, your Social Security retirement benefits might be vulnerable. Under Section of the Social Security Act, Social Security benefits are subject to withholding, garnishment and other similar legal proceedings for spousal or child support debts. In cases involving a judgment for unpaid alimony, the act also permits garnishment of benefits for related court costs and penalties.

Social Security and Divorce: What You Need to Know

During the divorce litigation process , it is common for a spouse to claim disability and say that they are no longer able to work. When this happens, the other spouse could get hit with hefty spousal support calculations. If this is your situation, you can take steps to determine the legitimacy of a disability claim and form accurate calculations based on professional evaluations of the situation. Someone can claim disability when he or she has a physical or mental ailment preventing them from performing their job properly. This could be a temporary issue such as a broken bone or a long-term disease.

Call for a Free Consultation: The breakdown of a marriage is never easy.

If you are divorced, your ex-spouse can receive benefits based on your record even if you have remarried if:. The benefit that your ex-spouse is entitled to receive based on their own work is less than the benefit they would receive based on your work; and. If you have not applied for retirement benefits, but can qualify for them, your ex-spouse can receive benefits on your record if you have been divorced for at least two continuous years.

Factors to Consider When Divorcing a Spouse with a Disability

Statistics show significantly increases for divorce rates among baby-boomers in the United States. This is sometimes referred to as a gray divorce. And the rates of a gray divorce have more than doubled since the s.

SEE VIDEO BY TOPIC: How is Spousal Support Calculated?

The short answer is YES! As a Raleigh Divorce Lawyer for 15 years, I have had to deal with alimony claims based at least partially on social security income many times. While the duration of the marriage is only one of many factors in alimony, in truth it is the second most important, aside from the threshold question of dependency. Was there any un-condoned adultery committed by the dependent spouse? If so, and if it was recent or recently discovered, it can act as a complete bar to alimony. NOW , if we have established there is one truly dependent spouse, we have a reasonably long marriage, and there is no bar to alimony, how does social security income factor in?

Divorcing over age 50

Jump to navigation. If, however, you are ordered to pay child support or alimony, a portion of your benefit may be garnished to fulfill those responsibilities. If you are receiving SSDI auxiliary benefits, there are different ways in which your payments could be affected by divorce. These are explained below:. Spousal Benefits - If you were receiving spousal benefits while you were married, your payments will not be affected unless you were married for less than ten years, you get remarried, or you become eligible to receive a larger Social Security payment under your own record. This is the case if:.

Aug 27, - If your ex-spouse qualifies for SSDI benefits, you might be eligible to receive alimony or spousal support if: You were married for ten years or.

Social security benefits are considered income and are not considered an asset. Unlike a K or IRA social security benefits are never split. But there still is a benefit to the non-working spouse.

Divorce and Social Security Spousal Benefits

By Barbara S. Hughes, Esq. Wilcenski, Esq. Studies indicate that divorce rates increase with the onset of a disability.

Does Social Security Income Count in Alimony Cases?

My ex-wife has been eligible to draw off my Social Security but refuses to do so while collecting alimony. Meanwhile I am going broke with my alimony payments and she is doing nothing to mitigate my payments by filing for my Social Security benefits. Do I have any recourse to force her to start drawing off my benefits or otherwise find a way to lower my alimony payments?

Hi Larry. I really need some advice.

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Comments: 4
  1. Mitaur

    The good result will turn out

  2. Vutilar

    It is very a pity to me, I can help nothing to you. But it is assured, that you will find the correct decision. Do not despair.

  3. Mikanos

    I am sorry, that has interfered... I understand this question. It is possible to discuss.

  4. Faesho

    I join. All above told the truth.

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