Florissant, CO asked in Divorce for Colorado

Q: Are social security payments factored in to alimony payments when the spouse files for divorce?

Wife has no income and does not qualify for social security. Husband has part-time job and regular monthly social security benefits. Are the social security benefits factored in when calculating alimony for a pending divorce?

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3 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: Yes and no. SSI is not counted for alimony or specific property divisions. However, the existence of SSI can be considered as part of an overall financial situation of the parties and can indirectly impact awards (just not on a dollar for dollar calculation). Calculations aside, make sure to list the SSI on the JDF 1111 (sworn financial statement).

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tampa, FL
  • Licensed in Colorado

A: Social Security benefits would count as income for purposes of calculating alimony (maintenance). Social Security benefits are not going to be considered property.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: Spousal Support Income (SSI), Survivor benefits, all income-based awards, and prospective Social Security Awards are NOT counted for maintenance or property divisions. As stated before, they are factored as part of an overall award.

Pension and CURRENT Social Security Retirement or Disability Benefits are counted for maintenance. Social Security Retirement/Disability Benefits are not included in property divisions, but pensions/retirement (under most circumstances) are counted.

Again, talk to a lawyer for clarification on including an item in a support calculation or not.

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