Spousal Support With Social Security In San Diego

State:
Multi-State
County:
San Diego
Control #:
US-00004BG-I
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Word; 
PDF; 
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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

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 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.

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.

The percentage of your spouse's full retirement benefit that you receive could be as little as 32.5% at age 62. It steps up gradually to 50% as you near your full retirement age, which is 65, 66, or 67, depending on your birth year. And don't bother delaying your spousal benefits past your full retirement age.

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.

Specifically in California, disqualification might result from several key factors. One such factor is a significant change in the financial status of the recipient spouse, such as acquiring a new job or receiving an inheritance, which could render them financially independent and no longer in need of support.

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.

The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.

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Spousal Support With Social Security In San Diego