Spousal Support With Social Security In Maryland

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Multi-State
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US-00004BG-I
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Description

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. 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.

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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition

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FAQ

In Maryland, the court may award spousal support to a spouse or former partner after considering a variety of factors. These factors include the length of the marriage, each spouse's financial resources and needs, the age and health of the parties, and the standard of living during the marriage.

You may qualify for benefits on your spouse's Social Security earnings record if: You are 62 or older. Or, you are younger but caring for a child under 16 or a child with disabilities who is under 19. Your spouse is elgible for retirement benefits (62 or older)

Last Updated: April 18, 2025 If you don't have enough Social Security credits to get benefits on your own work record or your own benefit is small, you may be able to receive benefits as a spouse. Your spouse must be receiving benefits for you to get benefits on their work record.

You are eligible to receive one-half (50%) of your ex-spouse's retirement benefit. If your ex-spouse should die before you, you can receive their full retirement benefit. The benefit does not include any delayed retirement credits your ex-spouse may receive.

Randall, in order for your wife to be eligible for spousal benefits, you need to have already filed for your own benefits. If that's the case and your wife is at least 62 years old, she can apply for her spousal benefit.

Factors Considered by the Court The court will consider the ability of the spouse seeking alimony to be self-supporting, and the time they may need to become self-supporting. The court will consider the age and health of each spouse, the length of the marriage, and the reasons the marriage ended.

If you're eligible for retirement and spouse's benefits, you must apply for both, and you'll receive a combined benefit equaling the higher spouse's amount. This requirement is called “deemed filing” because when you apply for one benefit you are “deemed” to have applied for the other benefit.

The receipt of your share of the joint property, however, may disqualify you from receiving anything. For instance, if you and your spouse receive an equal share of the real property funds, the court is unlikely to grant you alimony.

The first thing you need to do is to consult a family law lawyer with expertise in your jurisdiction. In general, alimony aka spousal support is forfeited when the recipient remarries or engages in a marriage-like relationship for at least a year.

When a worker files for retirement benefits, the worker's spouse may be eligible for a benefit based on the worker's earnings. Another requirement is that the spouse must be at least age 62 or have a qualifying child in her/his care.

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Spousal Support With Social Security In Maryland