This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Alimony Spouse Support For Disabled
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US-00002BG-I
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How to fill out Affidavit Of Defendant Spouse In Support Of Motion To Amend Or Strike Alimony Provisions Of Divorce Decree On Remarriage Of Plaintiff?
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FAQ
If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if: Your marriage lasted 10 years or longer. Your ex-spouse is unmarried. Your ex-spouse is age 62 or older.
If your husband or wife is a disabled worker getting SSDI, you'll generally receive 50% of your spouse's primary insurance amount (the amount of your husband or wife's monthly SSDI check). For example, if your husband is disabled and receives $1,400 per month, you can get $700 per month.
Social Security and Alimony Alimony payments will count as income when the Social Security office calculates SSI payment. Contribution based, but also must be disabled. Courts will consider SSDI for determining alimony received and paid. Alimony is not considered when calculating benefit as it is an entitlement.
There have been a number of studies that show that when a spouse becomes disabled or if there is a child with special needs born to the family, the likelihood of a divorce increases substantially. Some studies indicate a divorce rate as high as 86%.
Your ex-spouse is entitled to Social Security retirement or disability benefits. Your ex-spouse may not have applied for benefits, but qualifies for them and is age 62 or older. In that case, you can receive benefits on his or her work record if you've been divorced for at least two years.