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.
Spousal Support With Social Security In Miami-Dade
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State:
Multi-State
County:
Miami-Dade
Control #:
US-00004BG-I
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FAQ
Social Security covers both spouses, regardless of whether one or both brought home a paycheck over the years. A married person may collect benefits based on their own earnings or receive a maximum of 50% of their spouse's Social Security benefits, whichever is greater.
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.
What qualifies a recipient spouse for alimony in Florida are several factors, among them: The standard of living established during the marriage. The length of the marriage. Both spouse's financial resources, including the non-marital, marital property, assets, and liabilities.
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)
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.
AMOUNT OF DURATIONAL ALIMONY UNDER AMENDED FLORIDA LAW The amount of durational alimony is the lesser of the seeking spouse's actual need and 35 percent of the difference between both spouses' net income. Net income is determined under 61.30(2) and (3), Florida Statutes.
How the spouse's benefit is determined. Your full spouse's benefit could be up to one-half the amount your spouse is eligible to receive at their full retirement age. If you choose to receive your spouse's benefits before you reach full retirement age, your payment will be permanently reduced.
Your spouse must be receiving benefits for you to get benefits on their work record. If your spouse does not receive retirement or disability, you'll have to wait to apply on your spouse's record. In addition, to be eligible for spouse's benefits, you must be one of the following: 62 years of age or older.
If the marriage lasted at least 17 years, permanent alimony is appropriate if certain factors (discussed below) are present. If a marriage lasted at least seven years but less than 17, a permanent alimony award can be made if there is “clear and convincing evidence” that such an award is appropriate.
In Florida, self-sufficiency can disqualify you from receiving spousal support or alimony in Florida. If the court determines that you have the financial means or can gain employment to meet your needs of independently, you may not be eligible for alimony.