Does an Ex-Spouse get an Ex-Spouse’s Social Security Benefits?

July 9, 2013

Ex-spouses are often entitled to receive social security in the amount of 50% of the value of their living ex-spouse’s benefits.

You can begin receiving 50% of the value ex-spouse’s Social Security benefits after divorce, depending on a few qualifications.

  • You must have been married for 10+ years
  • If you have not remarried (see exceptions below)
  • You must be 62 years old (or older)
  • The benefits from your ex-spouse must be more than the benefits you would receive on your own (or there is no point in applying)

It should be said that your ex-spouse must first be eligible to receive Social Security benefits before you will be considered to receive your 50% share.  If your ex-spouse is 62 or older and has not applied for benefits, but the two of you have been divorced for at least two years, you may still receive your share of his or her benefits.  Further, you will be entitled to receive 50% of your ex-spouse’s full social security benefits if you wait to begin collecting when you are due for your full retirement (between 66-67 years old, depending on when you were born).

Not all marital situations will make you ineligible for the 50% share of your ex-spouse’ social security benefits.  If you wait to get married until your are older than 60 years old, or if you are older than 50 but entitled to disability benefits, your marriage will not be regarded as a disqualifying factor for receipt of your share of your ex-spouse’s social security benefits.

NOTE:  The amount of benefits received by you from your ex-spouse’s social security will have no bearing on the amount of benefits received by your ex-spouse and his or her current spouse (if there is one or is going to be one).  Strange, but true.

Ready to apply? Check out these government websites:

http://www.ssa.gov/retire2/divspouse.htm

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/299/~/qualifying-for-divorced-spouse-benefits

SS

Posted by Robin Graine, JD, Virginia Supreme Court Certified Mediator with Jane Baber

This blog and its materials have been prepared by Graine Mediation for informational purposes only and are not intended to be, are not, and should not be regarded as, legal advice.  This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship.  Internet subscribers and online readers should not act upon this information without seeking professional counsel.


What is the Purpose of Child Support?

June 4, 2013

money-childParents often are confused about what their child support obligation is supposed to cover.   Like many things that involve the legal system, there is no clear or definitive answer to this question.  There is agreement, however, among divorce professionals, that child support should cover more than just the bare necessities.  It is meant to be applied more broadly and almost always includes school and extracurricular fees for certain activities, some medical expenses, entertainment, etc.

When working on an agreement with regard to child support, courts do not like to get involved in micromanaging how child support is spent.  The courts assume that the parent receiving child support is paying for expenses which are necessary to care for the child  (unless, of course, there is evidence of neglect).

Below is a list of the major categories that most divorce professionals agree should be either covered by the monthly child support amount or otherwise factored into the agreement :

Basic Necessities – Food, Clothing, Shelter (a non mathematical portion of the rent/mortgage, utilities, clothing & grocery bill)

Health Insurance – Usually factored into the child support guidelines

Out of Pocket Medical Expenses – Usually each party is expected to pay a percentage (often  pro rata* share)

School Fees, Supplies, Related Costs

Work Related Childcare – Usually each party is expected to pay a percentage (often pro rata* share)

Transportation/Travel – Basic transportation and travel costs (gasoline, car payments, insurance, etc)

Entertainment – Computers, Camping, Movies, Amusement Parks, etc.

Extracurricular Activities – How this is paid for varies widely.  Often times, each party is expected to pay a percentage

*Pro rata share refers to each party’s respective percentage share of the parties combined gross incomes.

Posted by Kristina Duncan Hoeges, Freelance Paralegal

This blog and its materials have been prepared by Graine Mediation for informational purposes only and are not intended to be, are not, and should not be regarded as, legal advice.  This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship.  Internet subscribers and online readers should not act upon this information without seeking professional counsel.


What Virginia Divorce Courts Consider When Dividing Property & Debt

October 13, 2012

Imagehttp://www.grainemediation.com

In Virginia, the courts are required to consider very specific statutory criteria when dividing property and debt pursuant to a divorce.  Like most states (all on the east coast), Virginia is in equitable distribution state.  That means that courts must make decisions on how to divide property and debt based on what the judge feels is “fair” (equitable) . . . and  “fair” does not, necessarily, mean “equal”. In mediation, we consider the very same set of criteria, with emphasis on those areas that our clients feel are most important to their case.  This list is straight from the Virginia Code, Annotated §20-107.

  1. The contributions, monetary and nonmonetary, of each party to the well-being of the family;
  2. The contributions, monetary and nonmonetary, of each party in the acquisition and care and maintenance of the marital property of the parties;
  3.  The duration of the marriage;
  4. The ages and physical and mental condition of the parties;
  5. The circumstances and factors which contributed to the dissolution of the marriage
  6. The time period and circumstances of when and how specific items of property were acquired;
  7. The debts and liabilities of each spouse, the basis for such debts and liabilities, and the property which may serve as security for such debts and liabilities;
  8. The liquid or non-liquid character of all marital property;
  9. The tax consequences to each party under differing distribution options;
  10. The use or expenditure of marital property, by either of the parties, for a non marital separate purpose or the dissipation of such funds, when such was done in anticipation of divorce or separation or after the last separation of the parties; and
  11. Such other factors as the parties deemed necessary and appropriate to consider in order to arrive at a fair and equitable distribution of their marital property and debt.

This blog and its materials have been prepared by Graine Mediation for informational purposes only and are not intended to be, are not, and should not be regarded as, legal advice.  This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship.  Internet subscribers and online readers should not act upon this information without seeking professional counsel.

 


In Divorce, Men and Women Suffer in Different Ways

September 17, 2012

Divorce affects men and women differently.   Men going through divorce are more likely to suffer emotionally.  Women are more likely to suffer financially.

Studies find that “men were six times more likely to be depressed following a separation or divorce than men who remained married. That was nearly double the likelihood of divorced or separated women undergoing a similar episode compared to women whose marriages were intact”1.  One reason for this seems to be the result of men losing daily contact with their children. Losing daily contact with one’s children is a huge source of anxiety, which can lead to depression.  Often times, even in cases where man has only been peripherally involved in the day to day activities during the marriage, losing that daily opportunity for contact with ones children can be overwhelming.

Women, on the other hand, suffer financially.  Women are about “three times more likely than men to suffer a substantial loss in household income after their marriage broke down.”2  Studies have reported that women “experience a 73 percent drop in their standard of living during the first year following divorce. Men, on the other hand, often fare better in terms of the financial effects of divorce.”2 According some statistics, men “enjoy a 42 percent rise in standard of living within the first year of divorce.”2  Although most women do receive child support, and in some cases spousal support, it still very expensive to run two households and, in most cases, men seem to fare better in these circumstances. As a result, most divorced women have to find a new means of establishing financial security.  This new financial stress and, often times complete upending of a women’s lifestyle (e.g. stay at home mom going back to full time work) can cause extreme anxiety.  Divorce is difficult for men and women for different reasons.

When mediating a divorce settlement, good mediators encourage parties to step in each other’s shoes.  Thus, when going through mediation, men will do well to think about the serious financial anxiety their soon-to-be-ex-wives are experiencing.  Women, on the other hand, would do well to recognize the extreme anxiety their soon-to-be-ex-husbands are dealing with as regards the children.

1http://divorce.clementlaw.com/divorce/psychological-and-economic-effects-of-divorce-men-and-women-affected-differently/

2http://www.divorce-lawyer-source.com/html/law/effects.html

Posted by Jessica Wilds, Graine Mediation Intern

This blog and its materials have been prepared by Graine Mediation for informational purposes only and are not intended to be, are not, and should not be regarded as, legal advice.  This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship.  Internet subscribers and online readers should not act upon this information without seeking professional counsel.


Divorce Leave You Looking for a job? Read this comparison of Indeed.com and Monster.com

September 11, 2012

Monster.com and indeed.com are popular websites used to find employment, research jobs, and make career related connections.  Monster.com is a more robust site than indeed.com, but that doesn’t mean that it is necessarily better for all job seekers.  Monster.com receives much more traffic than indeed.com and has more job listings.  Both offer jobs that are primarily “office jobs”, such as administrative/clerical, business related fields, and sales/ marketing.   Monster.com however, is used significantly more than indeed by people who have graduate degrees.  Indeed.com appears to be used more by people without a college degree and people with undergraduate only.

Searching for a job on both websites provides different experiences.  Indeed.com gives a much more in-depth description of the job, including duties, qualifications, benefits, all on different tabs, as well as a link to the company website.  Indeed.com also provides step-by-step instructions about how to apply for the job.  Monster.com, on the other hand, provides only brief job descriptions, qualifications, and an excerpt from the company who is offering the job.  Monster.com also has a link to the company website.

Both websites are great tools to find out what types of jobs are being offered — where the needs are. Job seekers may prefer indeed.com because of the organized layout of the website. Indeed.com is useful for those looking for jobs and are not sure what to expect.  The details provided by indeed.com are in-depth.  Indeed.com could be great website to be used by someone re-entering the working world after years of not working.  Those reinterring the working world after a divorce may find indeed.com especially useful with the clarity it provides and the manner in which indeed.com makes it very clear what is expected of the applicant.  On the other hand, if the jobseeker has a higher level of education and has a well-established resume, moster.com may be the appropriate choice.   Also job seekers may prefer monster.com for its straightforward approach by keeping descriptions short and only providing the most important information.

Posted by Jessica Wilds, Graine Mediation Intern

This blog and its materials have been prepared by Graine Mediation for informational purposes only and are not intended to be, are not, and should not be regarded as, legal advice.  This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship.  Internet subscribers and online readers should not act upon this information without seeking professional counsel.

Virginia Support Calculations – Comparing Child and Spousal Support

April 23, 2012

Divorce is extremely expensive. For most people in Virginia, raising a family in two separate homes (as many divorced people do these days) will cost one or both of you and your children plenty in terms of ability to maintain lifestyle and, even, to simply pay the bills. One of the primary ways that Virginia families make this all work is by the payment and receipt of support: Child Support and Spousal Support (Alimony).

Below is an outline to help you understand how these two methods of support work in Virginia.

(1) Child Support Calculations represent barebones, bottom line child support based on gross incomes, number or children, cost for health insurance and cost for work-related childcare.

- Parents can always choose to have child support be more than the calculations, and often do.

- Many parents, too, leave the basic child support calculation as is and share the cost at an agreed upon ratio (or have the wage earner pay) for particular items necessary for the children, e.g., expensive out of pocket medical care/therapy costs, extracurricular activities, camps, back to school wardrobes, Christmas Gifts, etc.

- Many parents also choose to have child support based on the guidelines and any additional support necessary for the family to be in the form of spousal support (tax deductible to the payer – more on this later)

(2) Spousal Support Calculations (pendent lite) are designed to be temporary amounts of spousal support to help get the non/lower earning spouse through that time period between separation and the actual divorce. (Courts do not want to have a full evidentiary hearing two times – once before trial and one at trial). However, many people chose to use these calculations as their spousal support amounts, particularly since they are calibrated for Fairfax County proper (unlike child support, which is state wide).

(3) Spousal Support is considered income to the receiver. It is taxable. It is deductible for the payer. It is important to understand that, when a parent receives spousal support, that amount is considered as her/his income for purposes of calculating child support; and, the payer of spousal support’s income is reduced by the spousal support amount. Thus, when there is an award of spousal support, the child support number changes (goes down).

(4) Child Support is always reviewable by the courts based on a “change in circumstances”, e.g. incomes go up, incomes go down, children’s needs change. (“The courthouse doors are always open for matters concerning children.”), whereas . . . )

(5) Spousal Support/Alimony may be reviewable depending on how the Settlement Agreement is written. Spousal Support is usually awarded for a specified period of time.

(6) Children receive child support for the duration of their minority (until they turn 18 years old, unless still in high school at 18. (In that situation, children continue to receive child support until they graduate, but not beyond their 19th birthday unless they have particular special circumstances. Adult children who are not able to live independent lives, too, may receive child support well beyond their 18th minority.), whereas . . .

(7) There is no set time for duration of a Spousal Support award. The “Rule of Thumb”, however, in cases where circumstances are such that spousal support is appropriate, is that it is awarded for 50% the length of the marriage (but that is not the law)

This blog and its materials have been prepared by Graine Mediation for informational purposes only and are not intended to be, are not, and should not be regarded as, legal advice.  This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship.  Internet subscribers and online readers should not act upon this information without seeking professional counsel.

3 Golden Rules of Visitation

April 23, 2012

Check out The 3 Golden Rules of Visitation Vlog and learn what’s most important when spending time with your children.


What Factors Influence an Individual’s Willingness to Cheat?

January 26, 2012

There are four factors that seem to have the greatest influence over whether a spouse will cheat or not. These factors are pretty basic and probably won’t surprise many people. They are the same factors that probably influence caveman and women, too. Human nature just doesn’t seem to change!

Good Looks, Charisma & Wealth – Just like the peacock, men with beautiful plumes often get their choice of pea hen.  For women, those described as “sex-pots” and “hottie’s” are often sought after by men – ring or no ring.   No new information here. That’s why people tell you that, if your middle-aged hubbie is suddenly sporting a new look, you might want to start asking some questions; and same guess for a middle-aged women. Better to marry dowdy and shrek-like than dapper and gorgeous, charming, and rich no explaination needed here.

Opportunity and Free Time – Couples that lead fairly separate lives – social lives, careers, travel – are more likely to cheat than couples that spend most of their time together.  Of course, couples that spend every minute together can get awful sick of one another and may never grow as people.  Somewhere in between suffocation and total freedom is probably best.

Risk Taking Personalities – People who like a thrill tend to get themselves involved in extramarital affairs more than homebodies and cautious people. If you’re married to one of those adventurous types, better look into couple’s sky diving or bungee jumping… or you might be in for a sad surprise.

High Sex Drive – Obviously, if you don’t like sex, you will be less likely to seek it out!  People who love sex, and those that have an “addiction” to the excitement, thrill and titilation of “the kill” are at great risk of cheating.  No matter how wonderful the sex life of a married couple, it can be hard to compete with the “new” (for some people!)

Feeling Neglected, Unappreciated – Of course, unless the cheater feels somehow entitled to a harem or stable of studs, most individuals engaged in extramarital sex are truly unhappy in their marriage.  They often feel neglected, both physically and emotionally.  They talk of being unappreciated, misunderstood and unloved. This is open door for extramarital affairs. Love the one you’re with!


BEWARE: DIVORCE IS HAZARDOUS TO SINGLE MOMS’ CREDIT-WORTHINESS

January 19, 2012

PNC bank has a new policy, I have been told by a trusty loan officer in the higher ranks of that enterprise, that child support no longer counts as income for the purpose of obtaining a home equity line of credit or small business loan.  This is true even for very large amounts of child supports. I was told, straight-up, that married female applicants whose husband’s who have jobs, earning the same amount of money as an ex-wife’s child support allotment, are much more credit-worthy than single moms who are receiving regular, provable, court-ordered child support.  Is this prejudiced against single moms?

In my line of work, I see lots of mother’s whose husbands leave the marriage — without warning.  Of course, those husbands take their jobs with them!  As a mediator, though, most of my clients are decent people that pay their child support obligations. Nevertheless, even women who have upstanding child-support paying ex’s, and are seeking a loan, can no longer count that cash-flow as part of their income.  This is absurd considering the same woman could have counted that same amount of family income as cash flow, for purposes of obtaining a loan, if she were still married to her children’s father – even if he spent that money foolishly and contributed nothing to the family.

I was also told, by my PNC informer, that no amount of money in the bank is worthy of consideration when it comes to approving a loan – unless that money is in PNC’s own coffers and can be used as direct collateral.  That means that people who are responsible and work hard to save their money and put it in the trusty hands of a good broker, are considered, at least by PNC Bank, to be a greater credit risk than people who spend every penny they have with no thought for the future. Essentially, PNC prefers loan applicants with a low-paying job, with no hope of putting anything away for the future, over a person who has a pile of dough at the ready.

This doesn’t make sense.  People are losing their jobs right and left.  There is no security in an individual’s employment.  However, if a person defaults on a loan, the bank can get a judgment against that person and garnish their bank or brokerage account.  When is the last time, though, you ever heard of a bank forcing an employer to keep a person on the payroll so that that person could pay off a loan?

And, finally, we all know that the equity in your home is worth nothing to the bank.  They don’t want your home if you default.  They have enough homes to keep them busy for a long time.  They have so many homes, that they cannot even afford to heat and cool them properly and residences across the nation are molding and rotting as a result.

So, if you want to start or grow a business with a home equity line of credit or a small business loan from your local bank – as was the norm for many, many years – forget about it, unless you have a regular paycheck, with at least a three year record of earnings– even if you have a hefty court-monitored source of cash flow, a flush bank account and tons of equity in your home.


Why You Should Not Expect Your Bank to Voluntarily Rewrite Your Loan

January 4, 2012

Many divorce clients are looking for ways to restructure their finances so that they can move on with their lives with a clean financial slate.  In this economy, that is tough going.  From what I have seen, loan modification applications get “lost” more than is statistically appropriate and there is little chance of  being forgiven or renegotiating  just about anything when it comes to banks.  In other words, “Bank Wins” is the norm.  I could not have expressed what is going on in the world of bank loan remodifications better than the following article.  See the link below for a great article to read in case you are thinking about a divorce which is based, in part, on some type of refinance/loan modification on your upside-down residence:

http://www.bankruptcylawnetwork.com/why-you-should-not-expect-your-bank-to-voluntarily-rewrite-your-loan/ via


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