General Question

wojo36's avatar

My my wife and I are both divorced and on social security. She is asking for $500.00 that ss pays me monthy. She gets half of my ss. Can she di this I live in Michigan?

Asked by wojo36 (7points) August 1st, 2017
12 responses
“Great Question” (2points)

We divorced and her ss income is less than mine she wants it equal.

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Answers

Coloma's avatar

In divorce situations the ex spouse is only entitled to 50% of the SS benefit of the higher earning partner. No, she cannot do this. A quick call to your local SS office will confirm this. If you pay alimony she can request a modification up or down but in order to do that the burden of proof falls on the party requesting modification and they must prove a major change in circumstance not just arbitrarily deciding they want more.

janbb's avatar

Is this as part of the divorce settlement? Then it is up to your lawyers to negotiate with you the terms. She can ask for what she wants in the settlement, but she is not entitled to as a matter of course.

Tropical_Willie's avatar

I’ll reiterate it ! She needs a court order from the divorce court. Talk to your lawyer then have the lawyer respond to her in writing.

Coloma's avatar

Social security payments have nothing to do with a court order for a divorce settlement.
It is SS protocol to pay 50% of the higher wage earners benefit , period, to the ex spouse at retirement age.. If your death proceeds your ex spouses she will see an increase in benefits in terms of widows benefits. A court order is only for terms of the settlement agreement and any spousal support monies paid, which can be modified up or down by either party at any time unless it is stated in the final dissolution that the terms of the settlement agreement are non-modifiable SS has nothing to do with the divorce decree.

Tropical_Willie's avatar

The payment she is asking for (read it: he writes her a check for $500) is not monies from SS directly. She wants all his money !

Coloma's avatar

@Tropical_Willie Where does it say he is writing her a check? He only says she gets SS and is now asking for another $500.00. He doesn’t say whether she is collecting on her own benefit or his.
Sooo.. that is why I mentioned any orders for spousal support as she cannot just arbitrarily ask for more money and he is under no obligation to pay without her filing for a modifcation order.

If she has filed and collecting on her own SS benefit she is not entitled to any of his. She chose to collect on her own benefit. You only get to pick one, your own or the ex spouses dependent on who has the most earnings.
If she is already receiving half of his SS benefit then that is all she is entitled to, she cannot just ask for more. If he is just paying her on demand out of his SS check then he needs to stop and tell her to file her own claim on his benefit.

CWOTUS's avatar

Welcome to Fluther.

She can ask for anything. Whether she is entitled to more than has already been worked out is up to the court, but if you won’t give her more money when she asks you for it, then that’s her recourse.

janbb's avatar

Again, no clarification from the OP but I think we’ve all answered this cleary.

si3tech's avatar

@wojo36 Not while you are living.

janbb's avatar

Edit: clearly

JLeslie's avatar

I think MI is a 50/50 state. So, when you get divorced she gets half of everything gained in the marriage, that includes pensions and bank accounts solely in your name or solely in her name with the exception of inheritances where the funds were kept completely separate.

If you are going to be making payments to her for a specified time, or in perpetuity, that’s alimony. I’m not sure how they figure alimony, but if it’s based on your income, then maybe your social security income counts in the equation. I don’t know if social security can be garnished? Maybe that’s what she is talking about to guarantee she gets her money. That’s assuming she deserves the money. If she is just trying to take as much as she can, well, the law probably is on your side if she is asking/demanding ridiculous things.

A mediator can help, or judge will decide.

MollyMcGuire's avatar

If your wife is entitled to benefits on your record it will not affect your own benefit amount. You need to call the social security people or go to the social security office in your town.

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