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Can I Collect under My Ex Spouse’s Social Security?

Answer: This is a general explanation of the social security benefits that you, as a divorced person, may be entitled to receive based upon your former spouse’s social security work record.

While there are some additional conditions and exceptions (always check with your local social security office), you can collect benefits under your ex’s social security record if:

  • You are 62 or older; you were married to your former spouse for a minimum of ten years; you have not remarried; and your former spouse has achieved entitlement to receive his or her own benefits, even if he / she waits until they are older before actually claiming them.
  • When the time comes that you are eligible to receive benefits based upon your own social security work record, you have the option of receiving the full amount due that is due to you(based on your record), or receiving the amount that is due to you under your former spouse’s work record, whichever benefit is greater.

Your former spouse always receives his or her FULL social security benefit even when you opt to receive your benefits under their work record.

Changing Maintenance Awards

The Nine Factors for Changing an Alimony Award

Terminating, Reviewing or Modifying Maintenance Awards

Aside from the 14 criteria that are used to determine entitlement to alimony, Illinois gives the court nine additional factors to use in deciding petitions that seek modification, termination or a review of maintenance.

The nine statutory factors included in Sec. 510 (a-5) are as follows:

  1. Any change in the employment status of either party and whether the change has been made in good faith;
  2. The efforts, if any, made by the party receiving maintenance to become self-supporting, and the reasonableness of the efforts where they are appropriate;
  3. Any impairment of the present and future earning capacity of either party;
  4. The tax consequences of the maintenance payments upon the respective economic circumstances of the parties;
  5. The duration of the maintenance payments previously paid (and remaining to be paid) relative to the length of the marriage;
  6. The property, including retirement benefits, awarded to each party under the judgment of dissolution of marriage, judgment of legal separation, or judgment of declaration of invalidity of marriage and the present status of property;
  7. The increase or decrease of each party’s income since the prior judgment or order from which a review, modification, or termination is being sought;
  8. The property acquired and currently owned by each party after the entry of the judgment of dissolution of marriage, judgment of legal separation, or judgment of declaration of invalidity of marriage; and
  9. Any other factor that the court expressly finds to be just and equitable.

The Secret to Settling Your Divorce

Society has just experienced a century of costly, damaging, and painful divorce wars and, until recently, has done nothing to correct the situation. Continue reading The Secret to Settling Your Divorce