Social Security Benefits
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Social Security Benefits
| Sat, 01-06-2007 - 12:47am |
Ok we found out from Social Security today that because we were married at least 10 years this last time (we have a total of 29 together) three marriages,
anyway because of that even though we are divorcing because I am over 55 then when I am 62 I can draw up to half of his. But it doesnt take away from his. He will get full benefits and I will get half that amount. if I draw that instead of my own which right now is only $200 a month but what a relief that I can draw off of his income amounts.
He had been scared that he would get less than he was spose to if I drew off of his but went to SS office and NO he gets full amount and I get half that. so we both win.
I think you have to be divorced, be over 55 at time of divorce and have been together a min of 10 years in one time slot.
He had put in the papers that I cannot draw off of his. its in our divorce papers but the lady at SS said that doesnt matter. Its a Federal Law that I can and that does not recognize what is in the papers ie you can over ride a statement that isnt legal.
I am not too sure about the intelligence of his attorney.
If he dies I can draw it at age 60.
I am so relieved and I thin khe is too so I wont be quite a burden on our kids if and when I cant work anymore
so with 1/3 of his retirement and half of his SS amount I may be able to survive.
and not eat dog food LOL
but it does NOT reduce his amount. the lady at ss said there is extra money put away for this stuff.
So if you are over 55 when you divorce, have been together 10 years or more, if your SS is too low and half of his amount is higher you draw on the higher amount. and it wont take away from his monthly amount he had coming.
I guess these laws are in place to protect us stay at home mom n wives whos husbands leave them for another woman lol ( or whatever reason the marriage fails later in life) and we didnt pursue our career but he did.
I had been so scared as my SS is only going to be $200 a month because I have my own business with lots of tax deductions so dont show much net income. I thought how on earth will I ever quit working with only $200 a month. even with 1/3 of his retirement I would not have had enough to maintain any kind of household without losing my house and going into low income.
I cant guarantee or suggest this information is right in your case but if you have some of the same
facts in your case go over to a SS office and talk to them. You really cant call them because you never get through. I guess there is a website but the only thing I had ever found was to go visit an office
anyway because of that even though we are divorcing because I am over 55 then when I am 62 I can draw up to half of his. But it doesnt take away from his. He will get full benefits and I will get half that amount. if I draw that instead of my own which right now is only $200 a month but what a relief that I can draw off of his income amounts.
He had been scared that he would get less than he was spose to if I drew off of his but went to SS office and NO he gets full amount and I get half that. so we both win.
I think you have to be divorced, be over 55 at time of divorce and have been together a min of 10 years in one time slot.
He had put in the papers that I cannot draw off of his. its in our divorce papers but the lady at SS said that doesnt matter. Its a Federal Law that I can and that does not recognize what is in the papers ie you can over ride a statement that isnt legal.
I am not too sure about the intelligence of his attorney.
If he dies I can draw it at age 60.
I am so relieved and I thin khe is too so I wont be quite a burden on our kids if and when I cant work anymore
so with 1/3 of his retirement and half of his SS amount I may be able to survive.
and not eat dog food LOL
but it does NOT reduce his amount. the lady at ss said there is extra money put away for this stuff.
So if you are over 55 when you divorce, have been together 10 years or more, if your SS is too low and half of his amount is higher you draw on the higher amount. and it wont take away from his monthly amount he had coming.
I guess these laws are in place to protect us stay at home mom n wives whos husbands leave them for another woman lol ( or whatever reason the marriage fails later in life) and we didnt pursue our career but he did.
I had been so scared as my SS is only going to be $200 a month because I have my own business with lots of tax deductions so dont show much net income. I thought how on earth will I ever quit working with only $200 a month. even with 1/3 of his retirement I would not have had enough to maintain any kind of household without losing my house and going into low income.
I cant guarantee or suggest this information is right in your case but if you have some of the same
facts in your case go over to a SS office and talk to them. You really cant call them because you never get through. I guess there is a website but the only thing I had ever found was to go visit an office

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IV actually has an article on this subject @ http://parenting.ivillage.com/mom/structure/0,,36r4,00.html
"If you have been married for at least 10 years and don't remarry, you can qualify for Social Security benefits based on your ex-spouse's earnings when you both reach age 62. That is the case even if he has remarried or hasn't yet retired and begun to receive benefits himself."
You do not have to be over 55yo. You do have to not be married.
what a mess. Dont these attorneys know anything? good grief. My H said well guess we will have to re do it all and I said NO of course not........it was THEIR error. you dont do things just based on what a client says. you are spose to know the law.
I would like to have those sentences striked. perhaps if we give them a letter stating what federal law is thejudge can strike the sentences but as she said you cant make a legal statement that is against Federal Law.
I dont want them re doing the thing cause I then I have to go over everything again. and all that. to make sure they didnt change anything else. what stress oh my gosh.
Wow, thank you! I hadn't even thought about ss. I would think, even if we are younger, that depending on the duration of our marriage, we might have access to a portion of our spouses' ss. I will ask my attorney!!!
M
Hunh. Just thinking out loud here. We were married 9 years in Nov. So, if we separate in April and the divorce is final the following April (my state requires 1 year of separate and apart) then does that count as 10 years if for 1/2 the tenth year we lived apart? Oh, I hope so! That would be such an added financial assurance and just support for me at no cost to him since I have been a sahm these last 6 1/2 years. Oh I hope so!!!! I will be asking my attorney!
Thanks for sharing the link!
M
I can draw it at 62 I am not sure I may have to wait till he is 62 also. not sure. but that is only in 5-6 years for me.
There is actually case law on this very issue on the IRS site. You do not have to worry about what your decree says. You do not need to go to the expense of having new documents drawn up. You also do not need to discuss this issue with your x. He doesn't need this information. It's truly none of his business at this point.
I am assuming that his attorney was the one who drew up the documents. If so, he probably does know the law. He's just trying to appease his client, your x, by writing it in there, knowing all the while that it won't make a bit of difference.
just make sure you hit over that 10 year mark! even if he gets married again you still get it!
I am getting 1/3 of my STBX retirement. I may be able to live in my house if I get both
I can still work some too maybe.
I dont know why he doesnt feel guilty about this married woman though....guess he is in love. I am getting more to the point where I want him gone anyway. the pain and agony I have felt this last month or so has almost killed me. I am not going to keep carrying this burden though. So what he loves another woman he hardley knows even after I have given him almost 30 years of my life. So Be It!
anyway yes I told him today we dont need to change the document. I wish all women knew about this. there has probably been women who were married 9 1/2 yrs drawing their tiny bit of SS or had to go on SSI that didnt know about this law.
Thanks so much for reaffirming this issue and letting me know about the case study.
One more thing to ask my atty about. I think the divorce won't be final until April 2008 because I think April 2007 about as early as we are likely to officially separate. My state doesn't have legal separation.
I will definitely have to return to work, but if my ss benefits are lower than 1/2 his at retirement, then cool, I get 1/2 his.
Thanks!
M
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