Alimony and Social Security benefits can be collected by an ex-spouse, depending on factors such as age and marital length. Section 459 of the Social Security Act allows Social Security to withhold current and continuing payments to enforce a legal obligation to pay child support. Social Security income is considered part of one’s income, so it can be considered in alimony collection.
Alimony can significantly impact the monthly Social Security benefits your wife receives. In some cases, retirement, spousal and survivor benefits, and Social Security Disability Insurance (SSDI) can be garnished to pay child support and alimony. If you have unpaid Federal taxes, the Internal Revenue Service can levy your Social Security benefits.
Rhode Island residents should know that their ex-spouses can receive both Social Security benefits and alimony at the same time. The Social Security Administration governs supplemental income, and alimony is typically paid to an ex-spouse after a divorce if one partner has a significantly lower or no income.
To be eligible for Social Security Spouse’s benefits, you must be married for at least one continuous year to someone who receives Social Security retirement or disability. If receiving spousal support, Social Security might change payments. Alimony and Social Security benefits are resolved using divorce lawyers 460-0550.
Social Security benefits are a potential source of child support, spousal support, or alimony–or as additional income that lessens alimony obligations. Under federal law, Social Security benefits may not be divided as community or marital property in divorce. However, SS benefits are a legal entitlement, so they can be considered “income” when a court determines alimony.
In summary, alimony and Social Security benefits can be collected by ex-spouses, depending on factors such as age and marital length.
| Article | Description | Site |
|---|---|---|
| Can an ex-spouse collect Social Security and alimony … | The short answer is yes; Rhode Island residents should know that their ex-spouses can receive both Social Security benefits and alimony at the same time. | riolesfamilylaw.com |
| Can my Social Security benefits be garnished or levied? | Social Security to withhold current and continuing Social Security payments to enforce your legal obligation to pay child support, alimony, or restitution. | faq.ssa.gov |
| Is social security factored in as income for alimony in a … | Under federal law, SS benefits may not be divided as community or marital property in divorce. SS benefits are a legal entitlement so they are … | reddit.com |
📹 Social Security Divorce Benefits MADE EASY
Understanding Social Security ex-spouse benefits is not the first thing that comes to mind when two people are going through a …
Can You Collect Both Spousal Benefits And Your Own Social Security?
To receive Social Security benefits, your own retirement benefit will be paid first, supplemented by widow’s benefits to reach the widow's rate. Additionally, a $255 lump-sum death payment may be available if you lived with your spouse at the time of death. You can collect both retirement and spousal benefits, but you'll receive the higher amount, as benefits are not combined. Spousal benefits are only available if your spouse is receiving Social Security.
If your spouse claims their benefits, you are dually entitled and must apply for both; however, the maximum family benefit restricts total amounts from one worker’s earnings record. Eligibility for spousal benefits requires a legal marriage or partnership. Spouses may claim up to 50% of the partner’s Social Security benefits at full retirement age. Coordinating benefits can enhance total Social Security payments.
If eligible for both your own and your spouse’s benefits, you must apply for both to receive a combined benefit, starting with your own first. Spousal benefits are capped if your retirement benefit is higher. To qualify, you need to be at least 62 years old and your spouse must already be collecting benefits.
What Is The 10 Year Rule For Social Security?
To qualify for Social Security benefits, you must have worked and paid taxes into the system for at least 10 years, earning a minimum of 40 work credits. You can begin collecting your own benefits as early as age 62, based on your lifetime earnings. Previously, married individuals could opt to claim spousal benefits and later switch to their own benefits at age 70 to maximize monthly payments. A common question addressed is the requirement that a marriage must last at least 10 years for divorced spousal and survivor benefits.
Generally, you must be married for at least one year to receive spousal benefits, but this does not apply if you have a child with your spouse. For survivor benefits, the marriage must last at least 9 months. Spouses can claim Social Security benefits at age 62, and they will receive up to 50% of their partner's primary insurance amount (PIA) at their full retirement age (FRA). If divorced, you are eligible for benefits based on your ex-spouse’s record if your marriage lasted 10 years or more, assuming you remain unmarried.
Additionally, specific rules regarding earnings gaps and tax caps should be understood to maximize benefits. The Social Security system has strict guidelines about marriage duration for benefits and the calculation of covered employment periods.
Can Alimony Be Garnished From Social Security?
The Internal Revenue Service (IRS) can levy your Social Security benefits if you have unpaid Federal taxes. Additionally, your benefits may be garnished to collect unpaid child support, alimony, or court-ordered restitution to victims. Under Section 459 of the Social Security Act (42 U. S. C. 659), Social Security can withhold payments to enforce obligations for these debts. Both retirement and disability benefits may be impacted.
While generally exempt from legal processes and bankruptcy laws, Social Security benefits can still be garnished for specific obligations, including overdue student loans, taxes, child support, and alimony.
If you owe back payments, state agencies can garnish a portion of your Social Security. In Florida, however, these benefits are not allowed to be garnished to pay commercial debts. For child support or alimony payments that are more than 12 weeks overdue, up to 65% of your benefits can be garnished. Overall, while protected in many respects, Social Security benefits are not entirely immune to garnishment for certain critical obligations, ensuring support for dependents and fulfilling legal debts.
What Is The Loophole For Social Security Spousal Benefits?
The Social Security spousal benefits loophole allowed individuals who remarried at 60 or later to receive survivors' benefits from their first spouse if that marriage ended before the first spouse's death. However, this rule was altered by the Bipartisan Budget Act of 2015, meaning those who turned 62 after January 1, 2016, can no longer utilize this loophole to enhance their Social Security benefits. Additionally, the ability for workers to voluntarily suspend their benefits while their spouse claims benefits from their record has been eliminated.
Spousal benefits permit individuals to claim monthly payments that can be up to 50% of their partner’s retirement benefit, provided they meet specific eligibility criteria like being married for at least one year. The act aimed to close loopholes that allowed couples to exploit benefits through aggressive claiming strategies. Furthermore, even divorced or widowed spouses may qualify for benefits based on their ex-spouses' earnings. Parents who are caregivers can also receive these benefits if they fulfill parental responsibilities.
As of 2015, the conditions for claiming spousal benefits have become more straightforward, focusing on collaboration between spouses to maximize Social Security benefits without engaging in previously open loopholes.
Can An Ex-Spouse Collect Social Security And Alimony Together?
When considering alimony and Social Security, several factors, including age and marriage duration, come into play. High alimony payments may affect Social Security benefits, as the SSA views alimony as unearned income, potentially lowering monthly SSI payments. Recently, the Colorado Court of Appeals determined that Social Security payments could be utilized as alimony between divorced partners, aligning with federal law. In Rhode Island, ex-spouses can receive both Social Security benefits and alimony simultaneously.
Eligibility for Social Security benefits based on an ex-spouse's record requires a minimum 10-year marriage, age of at least 62, and being unmarried. Ultimately, divorced individuals can claim up to 50% of an ex-spouse's Social Security benefits without affecting the benefits of the ex-spouse or their current partner. Individuals can apply for these benefits even if their ex has not retired, provided the divorce was finalized at least two years prior to the application. Thus, legal considerations regarding alimony and Social Security significantly impact divorced spouses, making awareness and understanding crucial during retirement planning.
How Can I Protect My Money From Alimony?
To protect yourself financially from your spouse during divorce, consider taking several proactive steps. First, create a financial plan, which involves opening your own bank account and separating any debts. Monitor your credit score and take stock of your assets, as well as reviewing retirement accounts. Mediation can be beneficial before resorting to litigation.
One effective way to sidestep alimony payments is to establish assets clearly beforehand, possibly through a prenuptial agreement. This can protect individual finances in case of divorce. Understanding your financial situation, including total assets, is crucial. If you wish to leave your assets to someone other than your spouse after your death, ensure they sign a waiver for beneficiary rights.
During the divorce, consider keeping finances separate by closing joint accounts and transferring funds to personal accounts. Recognize that alimony is intended to support basic living expenses, so protect your rights to such payments. Communication and negotiation with your spouse can also facilitate a smoother settlement process. Properly documenting gifts and inheritances, managing timing effectively, and avoiding impulsive asset liquidation are also critical. Overall, careful planning and legal guidance can significantly impact financial security during and after a divorce.
Can Alimony Be Transferred After A Divorce?
Alimony is financial support paid to an ex-spouse post-divorce, generally when one partner has significantly lower income. A crucial federal law prohibits the transferability or assignability of Social Security benefits. Changes in circumstances for either party might warrant an adjustment to alimony after divorce proceedings begin. To seek a modification, individuals should consult a family law attorney. Typically, raising a request for alimony for the first time after divorce is not allowed, though exceptions exist, particularly when a court intervenes.
Parties can petition the court to amend alimony payments due to substantial changes in their situations. While usually included in a divorce agreement, some states allow limitations on modifying alimony. If both parties consent to a change, a judge can formalize the modification post-divorce. Alimony payments might also be adjusted after retirement, contingent upon court orders. Additionally, eligibility for alimony varies based on each spouse's financial state and living standards following divorce, meaning adjustments might be necessary for both parties.
Will Social Security Alimony Be Reduced If There'S A Large Income Gap?
A significant income disparity between former spouses can lead to alterations in alimony payments if there is a notable shift in monthly income, including Social Security benefits. Alimony is deemed unearned income and may be subject to modification, particularly if one spouse experiences a substantial change in earnings post-retirement. Courts take into account all sources of income when determining the need for alimony, including Social Security benefits which are treated as income in calculations.
Permanent spousal support typically arises from substantial income gaps, often due to one spouse fulfilling a homemaker role. The chancellor in some cases has treated derivative Social Security benefits as offsets against alimony obligations. Importantly, there is no legal requirement for parties to apply for reduced early Social Security benefits relating to alimony.
Though expectations of future longevity may affect long-term plans regarding benefits, modifications can occur due to career changes or layoffs. It’s also essential to be aware that Social Security can withhold benefits for alimony obligations or tax debts, and the IRS may intervene similarly. Overall, knowledge of these factors is crucial for managing cash flow and income tax implications in retirement.
Can A Divorced Woman Collect Her Ex-Husband'S Social Security?
If you are a divorced woman, you may be eligible to receive Social Security benefits based on your ex-husband's earnings if certain conditions are met. Specifically, if you were married for at least 10 years, are currently single, and are at least 62 years old, you can collect benefits tied to your former spouse's Social Security record. After two years of divorce, you can start applying for these benefits.
The primary requirements are:
- Marriage duration of at least 10 years,
- Minimum age of 62,
- Being unmarried at the time of application.
Divorced spouses can receive up to 50% of the ex-spouse's benefits, and this does not affect the benefits of the ex-spouse or their current spouse. If your ex has passed away, you may qualify for survivor benefits if the marriage lasted at least 10 years and your ex-spouse has not remarried.
If you remarry, eligibility for ex-spouse benefits may change, but you can still collect benefits if your new marriage ends due to annulment, divorce, or death. To start claiming, ensure you meet all eligibility criteria as outlined by the Social Security Administration.
📹 Does my alimony stop at retirement?
Sad to see this system get gutted, it used to be non taxable, now you get taxed on money you were taxed on in the first place. My former boss started drawing at 62 in the 90’s he and his wife were married in the early 1950’s, she was getting dementia then had a massive stroke. She went into an old folks center and my boss found out he could also draw hers, she was a stay at home mom and qualified because she worked in a malt shop in the 1950’s. Can’t do that anymore. It’s been cut down in installments for quite awhile, by the same people who get good retirement for being lawmakers. I’m glad I’m getting old and won’t have to deal with it anymore.
I was married 12 years, I never remarried, my ex husband has just applied, for his social security at age 70. I am 74, and have been on social security since age 62. Question: If my EX dies, will i get my EX’s amount at age 70? Or will i only get the amount that he would have gotten at FRA AGE? AGE 66 amount or his current amount of age 70? Thank you!
My step father passed leaving my mother….they were divorced….as beneficiary…….she can not get a copy of the marriage certificate…marred in Juarez Mexico in the early 70s……how can were prove the marriage? He was military and they acknowledged her as his spouse….how can we prove this for benefits?
It seems like you mispoke on one aspect- you seem to say that if the primary earner took SS AFTER his FRA, the surviving spouse (at full retirement age) only gets 100% of the Primary Earner’s FRA amount. However, everywhere else I have read and heard, says that the surviving spouse gets 100% of what the Primary Earner was getting (or entitled to) at the time of his/her death, which includes any Delayed Credits being added to his/her FRA amount, which is unlike the Spousal Benefit, which is capped by the FRA amount regardless if the Primary Earner claimed SS after his FRA.
If the primary earner was married twice and the duration of each marriage was at least 10 years, it sounds like both divorced partners would be eligible to receive SS based on the primary earner. And if the primary earner was considering retiring before FRA, it would be beneficial to these two divorced partners if the primary earner waited until FRA to begin collecting SS. Are both these statements true?
How would I find out how much I would get? I want to retire but the social security I would get based on my earnings is not enough. I was married 20 years and was a stay at home mom during that time. I am 67 and he is 73, both of us are still working but I started taking SS last year based on my earnings.
My spouse just passed away. She was almost 50. I am almost 62. We were married 22 years and we each made about the same give or take a little while we were married. What percentage of her SSI would I get at 62 and would I be able to switch over to mine at 70 for the full amount? Also, I plan to keep working full-time to maintain my health benefits, at least till 65. How much am I allowed to make while collecting her SSI? Great website, discovering this at the perfect time, though I would rather she be here with us instead.
What year of marriage is divorce most common? While there are countless divorce studies with conflicting statistics, the data points to two periods during a marriage when divorces are most common: years 1 – 2 and years 5 – 8. Of those two high-risk periods, there are two years in particular that stand out as the most common years for divorce — years 7 and 8. Hi, I think this “10 year rule” is ridiculous, considering the statistics and that it doesn’t include time of co-habitation as well. Curious, what are your thoughts?
I started drawing half of my ex-spouse’s benefit when I was age 66; I filed a restricted application, allowing my own SSA benefit to grow at 8% annually. Now, in a few months, I’ll apply to drop my ex-husband’s half benefit in favor of my own (at age 70) which will be more, at that point. Then, when/if my ex-husband dies prior to me, I will be able to collect his full retirement benefit, according to SSA. I know they’ve done away with restricted applications for younger people, but so many SS recipients my age don’t know anything about their eligibility for this.
Tis may be a whole different article, but What happens when one gets divorced after 17 years, as a Homemaker and years later the homemaker is on disability? I am collecting on my ss for my worked share through Disability. … can one get ex’s social security earlier while on permeant disability? I the used to be Homemaker am 58 and He is 68. and retired. can you help guide me if you are not sure? Thank you.
Asking for a friend. So after 30 years of marriage that ended in divorce, where they filed jointly together but he was the primary earner and she raised the children, then why does ss say she has nothing coming to her on her statement from ss? Also she’s been remarried 12 years filing jointly and still no benefits are shown? Anyone?
Thank you so much for all of the valuable information. I was married for 10 years, divorced over 30 years ago, my spouse and I have not spoken in three decades. I have no knowledge of his current SS status i.e. did he file. what info would I need for the social security administration to show that we were married as all I have is our divorce decree and I have no knowledge of his SS number. This is a topic that has never been addressed in any of the YouTube articles that I have researched.
Hello. Let’s say I decide to take 1/2 of my ex-husbands benefit because I meet all qualifications. Some time passes and my ex dies. Can I switch to ex survivor benefits and now get his full amount? I can’t find any rules around switching between social security benefits. Is it allowed or am I locked in once I start receiving benefits? Thank you.
Nice article. But some folks talk about using a loophole for divorced folks that I’m not clear about. I’m the higher-earner and meet the gates for divorced spousal benefits (married > 10 years, divorced > 2 years ago). Can I draw SS as a ‘spouse’ against her lower benefit now, and then switch to my own benefit at age 70 (which would be much more). Just wondering if I’m leaving money on the table. I’m already retired, so no earned income, but have other income (pension and IRA withdrawals). People talk about this loophole and it seems there was one if I was born before 1954 (was born later). Thoughts?
I was married for 10 years. We had 3 children. I made more money for 9 of the 10 years at which point he didn’t work for 5 of the 10 years. He made 1K more than me at year 10. Since then he has exceeded my earnings since I divorced him. We are both likely to not remarry as he is intolerable to be around has no patience for others and I’m basically asexual since being married to him. Will I qualify for 50% of his current social security when he retires or dies, as everyone in his family dies prematurely from cardiac issues or lung failure.
My husband died at sixty and never received benefits, I did receive widows benefits but the ssa stopped them so they could evaluate how much the xwife who remarried will split with me. Please tell me how this can be and I still have young children in the home, amazing. Too top it off his remarried xwife is a lawyer. Who gets the benefit, the one who can afford the best lawyer.