Alimony can significantly impact the monthly Social Security benefits your wife receives. In some cases, it could eliminate the Social Security payment altogether. If your ex-wife receives Supplemental Security Income—SSI—and also receives alimony, her SSI benefits are lower than if she did not receive alimony.
Does Social Security affect alimony?
Social Security retirement benefits impact alimony when paying and receiving alimony. If you are a supporting or supported spouse then the amount of Social Security retirement income will be factored in when calculating the alimony payment. For example, Supporting Sal is paying Dependent Debi's alimony.
How does alimony affect SSI?
These are the factors the law looks at to determine alimony:
- The earnings of both spouses
- Their standard of living during the marriage
- Whether one spouse supported the other during his/her education
- The length of the marriage
- The age, physical condition, emotional state, and financial condition of the former spouses
- The educational or training need of the lesser earning spouse
Can my ex-wife collect Social Security and alimony?
Your ex-wife may be eligible to collect Social Security benefits and alimony, depending on the length of the marriage and her age. Alimony can significantly impact the monthly Social Security benefits your wife receives. In some cases, it could eliminate the Social Security payment altogether.
Will alimony affect my SSI?
If you receive other income, such as alimony, it will cause your SSI benefits to be reduced essentially dollar for dollar. However, your SSI is not offset by the first $20 per month of other income, but that's about the only gain you'd see from alimony, unless it is more than your SSI, in which case the latter would stop altogether.
Will my Social Security benefits be reduced if I get divorced?
Does my divorced-spouse benefit decrease what my ex gets from Social Security? No. Receiving benefits on the earnings record of your ex-spouse will not change what that person can receive from Social Security. They'll collect the benefit they're entitled to, regardless of whether you claim an ex-spousal benefit.
Is alimony considered earned income?
If you receive alimony payments, you must report it as income on your California return. If you pay alimony to a former spouse/RDP, you're allowed to deduct it from your income on your California return.
How much of my Social Security can be garnished for alimony?
Court-ordered child support or alimony: The federal Consumer Credit Protection Act (CCPA) allows garnishment of up to 50 percent of your benefits if you are supporting a spouse or child apart from the subject of the court order and up to 60 percent if you are not.
Do spousal benefits reduce my benefits?
The spousal benefit can be as much as half of the worker's "primary insurance amount," depending on the spouse's age at retirement. If the spouse begins receiving benefits before "normal (or full) retirement age," the spouse will receive a reduced benefit.
How can I avoid paying taxes on alimony?
If you are still living with your spouse or former spouse, alimony payments are not tax-deductible. You must make payments after physical separation for them to qualify as tax-deductible. Don't file a joint tax return. If you and your spouse file a joint income tax return, you can't deduct alimony payments.
How long do you have to pay alimony?
A spousal maintenance order may be made for life (i.e. until one of you dies or the recipient remarries) or for an extendable term or for a non-extendable term. When deciding how long a spousal maintenance order should last, the court's aim is for there to be a clean break at the earliest opportunity.
Can you get alimony and Social Security at the same time?
Can my Social Security benefits be garnished for alimony, child support or restitution? We can withhold Social Security benefits to enforce your legal obligation to pay child support, alimony or restitution. State laws determine a valid garnishment order. By law, we garnish current and continuing monthly benefits.
Can you collect 1/2 of spouse's Social Security and then your full amount?
Your full spouse's benefit could be up to one-half the amount your spouse is entitled to receive at their full retirement age. If you choose to begin receiving spouse's benefits before you reach full retirement age, your benefit amount will be permanently reduced.
Can my retirement pension be garnished?
The law treats pension income substantially the same as Social Security checks. Child support and government debts, like taxes and student loans, can garnish your pension check, but most other creditors cannot.
What percent of Social Security does a divorced spouse get?
50 percentThe most you can collect in divorced-spouse benefits is 50 percent of your former mate's primary insurance amount — the monthly payment he or she is entitled to at full retirement age, which is 66 and 4 months for people born in 1956 and is rising incrementally to 67 over the next several years.
Can I collect my own Social Security and then switch to spousal benefit?
In this case, you can claim your own Social Security beginning at 62 and make the switch to spousal benefits when your husband or wife files. Social Security will not pay the sum of your retirement and spousal benefits; you'll get a payment equal to the higher of the two benefits.
Supplemental Security Income
If your ex-wife receives Supplemental Security Income—SSI—and also receives alimony, her SSI benefits are lower than if she did not receive alimony...
Social Security Retirement Benefits
Your ex-wife can receive Social Security retirement benefits based on your payment record if you were married for at least 10 years. Collecting ali...
Social Security Disability Benefits
Your ex-wife may receive Social Security Disability Income—SSDI—based on your condition, even if you are paying alimony. As with other Social Secur...
What is Section 459 of the Social Security Act?
659), provides for the garnishment of social security retirement benefits to enforce unpaid child support and alimony obligations.
Did the former husband pay alimony?
During this contentious divorce, the former husband informed the former wife in no uncertain terms that despite the court’s judgment, he would never pay her the alimony ordered and he was true to his word.
Can I garnish my spouse's Social Security?
If you have an outstanding judgment for unpaid alimony or child support and your former spouse is receiving social security retirement benefits, you may be eligible to garnish his or her social security . Call me today at 407-426-6999 or fill out the online form provided on this page and I will contact you shortly.
How much can you lose on alimony?
The maximum amount you can lose is the lesser of your state's limit on alimony garnishments or the limits prescribed by the Consumer Credit Protection Act (CCPA). The CCPA allows garnishment of up to 60 percent of your benefits if you aren't currently supporting another spouse or child and up to 50 percent of your benefits if you do support another ...
Why is Social Security retirement important?
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.
What is the law regarding Social Security?
Under Section 459 of the Social Security Act, Social Security benefits are subject to withholding, garnishment and other similar legal proceedings for spousal or child support debts.
Can my spouse garnish my Social Security?
As long as you make your alimony payments on time, your former spouse cannot garnishee your Social Security retirement benefits , which are not subject to garnishment for most consumer debts. However, they may be garnished if you owe federal tax debt or if you failed to repay government-sponsored student loans.
How much is my ex wife's SSI benefit reduced?
For example, if your ex-wife's monthly SSI benefit is $700 and you pay her $300 in alimony, her monthly benefit will be reduced by $300.
What happens if my ex wife receives SSI?
Supplemental Security Income. If your ex-wife receives Supplemental Security Income—SSI—and also receives alimony, her SSI benefits are lower than if she did not receive alimony. The SSA defines alimony as unearned income.
How long do I have to be married to get SSDI?
In order for your ex-wife to receive SSDI based on your disability, she must be over the age of 62 and you must have been married for at least 10 years. The amount of SSDI your ex-wife receives does not impact the maximum family benefit that you and your family receive from SSDI. Advertisement.
Can my ex wife get SSDI?
Your ex-wife may receive Social Security Disability Income—SSDI—based on your condition, even if you are paying alimony. As with other Social Security benefits, alimony is considered unearned income and will reduce the overall amount of benefits she receives. In order for your ex-wife to receive SSDI based on your disability, ...
Can an ex wife collect Social Security if she receives alimony?
If the amount of alimony your ex-wife receives is more than the SSDI or SSI benefits, she may not be able to collect Social Security payments.
What is alimony and spousal support?
Alimony or spousal support (sometimes called “maintenance”) is an allowance for support made by a court from the funds of one spouse to the other spouse in connection with a suit for separation or divorce. Alimony and spousal support payments are cash or in-kind contributions to meet some or all ...
What documents are accepted as evidence of alimony?
Accept as evidence of alimony and spousal support: Official documents in the individual's possession (e.g., legal documents) that establish the amount and frequency of the support; Report of contact with the source of the payment that contains the amount and frequency of the alimony or spousal support.
How to verify spousal support?
To verify alimony and spousal support: 1. Verify the amount and frequency of alimony or spo usal support payments. 2. Accept the individual's allegation of relationship of the payer to the payee unless you doubt the allegation. 2.
Can I claim alimony on my SSI?
On the SSI claim system, select “Yes” for Alimony or Spous al Support on the Income Selection page. The Income Selection page takes you to the Alimony or Spousal Support page.
Is alimony considered unearned income?
Alimony and spousal support payments are unearned income to the spouse. 1. Alimony and spousal support and deeming. Exclude the income used to make court-ordered or Title IV-D support payments by an ineligible spouse, ineligible parent, ineligible child, or eligible alien from the deemor's income. For information on deeming income used ...
How much did Gerald McKernan's Social Security decrease?
The Superior Court highlighted that because Gerald McKernan chose to retire before he reached full retirement age, his Social Security benefit decreased by 24 percent . This decrease in Social Security benefits to Gerald McKernan will proportionately reduce Teresa McKernan’s benefit as well.
Can a divorce decree require a wife to apply for Social Security?
However, the Superior Court indicated that: “there is no authority empowering a trial court order wife to apply for and obtain Social Security benefits prior to reaching full retirement age.”. The Superior Court reiterated that there is no provision in the divorce code requiring a party to apply for early reduced Social Security benefits ...
Does Social Security equate to higher earning capacity?
This case is helpful in providing guidance that the mere eligibility for Social Security benefits does not equate to a higher earning capacity warranting modification of alimony. This case further provides a reminder that alimony pursuant to a court order may be modifiable if there is a substantial change in circumstances, ...
Can alimony be modified in Pennsylvania?
In Pennsylvania, alimony paid pursuant to a court order is modifiable upon a showing of substantial and continuing changed circumstances. This differs from alimony provisions contained in an out-of-court agreement that is incorporated into a divorce decree. In such an instance the alimony provision is governed by the terms of the contract and may only be modified if the contract provides the same. In the recent superior court case of McKernan v. McKernan, 135 A.3rd 1116 (Pa. Super. 2016), an alimony obligation existed pursuant to a court order and the issue of whether the alimony obligation could be modified because of Teresa McKernan’s eligibility for social security benefits, which she elected not to take, qualified as a substantial and changed circumstance warranting modification. The Superior Court held that it did not.
Why was alimony terminated?
As the wife did not provide sufficient evidence to rebut the presumption, alimony was terminated. The wife appealed the decision and argued that the presumption should never have been used given the date upon which the settlement agreement was signed. The Appellate Division agreed with the wife.
What issues did the law change regarding alimony?
Among the issues the law modified were the circumstances upon which alimony could terminate upon the retirement of the payor spouse. As with all new laws that are passed, attorneys and trial judges alike have had conflicting views on who the new provisions regarding alimony and retirement apply to.
Why did the trial court decide to end alimony?
The trial court used the new alimony and retirement law to decide that there was a rebuttable presumption that alimony should end given that the husband had reached full social security retirement age. As the wife did not provide sufficient evidence to rebut the presumption, alimony was terminated.
How long did the husband pay alimony?
In the new case, the husband had been paying alimony for 24 years, following a 22 year marriage. After the husband celebrated his 66th birthday, he moved to terminate alimony.
Can alimony be modified after retirement?
In all other circumstances of retirement on or after reaching full social security retirement age, there is a presumption that retirement is made in good faith, but the payor spouse must still prove to a court that alimony should be modified or terminated. Essentially, this is an issue of which spouse has to prove his or her case to the court.
How old do you have to be to get spouse insurance?
In most cases, you must be at least age 62 to claim a spouse benefit. Depending on your age when you file, your payment will range from 32.5 percent to 50 percent of your mate's primary insurance amount — the benefit to which they are entitled at full retirement age, which is currently 66 and 2 months and is gradually rising to 67.
Does AARP affect your spouse's retirement?
AARP | Comments: 4. En español | No, receiving benefits on your spouse's earnings record does not affect the amount of the retirement or disability benefit that your spouse receives. In most cases, you must be at least age 62 to claim a spouse benefit.
Does Social Security pay spousal benefits?
If the spousal benefit is bigger, Social Security will pay you a combination of the benefits, drawing on both your Social Security account and your mate's, but equal to that higher amount.