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 For Social Security In Middlesex
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State:
Multi-State
County:
Middlesex
Control #:
US-00004BG-I
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FAQ
If you qualify as an ex-spouse based on these criteria, your retirement benefit would be half of your ex's primary insurance amount, or PIA, so long as you claim at your full retirement age (FRA). The PIA is the benefit a person would receive if they elect to begin receiving retirement benefits at their normal FRA.
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.
The maximum Social Security spousal benefit is equal to 50% of a worker's Social Security payment at full retirement age. Early retirement reduces benefits for workers and their spouses and ex-spouses. Understanding your eligibility can help you maximize this benefit.
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.
In California, Social Security Disability Insurance (SSDI) benefits can be garnished for spousal support, but Supplemental Security Income (SSI) benefits are generally exempt as they are needs-based.
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.
The first exception, which can be deemed as the Social Security spousal benefits loophole, works where an individual who remarries at 60 or later may still be entitled to Social Security survivors' benefits if the second marriage ends before the death of the first spouse.
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.
The Bottom Line. If you were married to them for at least 10 years, you may be able to collect Social Security benefits based on your ex's work record. If you meet the requirements, you can receive benefits equal to as much as 50% of your ex's retirement benefit.
A Social Security spousal rule that was around for decades ended this year for the last eligible retirees — those who turned 70 on Jan. 1, 2024. The rule allowed recipients to switch between their benefits and their spouses' to receive the maximum amount. But unless you were born before Jan.