Q: Can I force an ex-wife to file for spousal benefits under SS to offset equalization of existing benefits I pay monthly?
Our divorce decree mandates I pay an equalization amount to her monthly along with 50% of my Govt Retirement. I believe she has not filed so I have to pay her from my income (just the way she is)
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A:
You cannot legally force your ex-wife to file for spousal benefits under Social Security. Social Security benefits are a personal right, and the decision to file lies solely with the individual.
First, review your divorce decree to understand its terms and whether it includes any provisions related to Social Security benefits. If it's unclear, consult with a family law attorney to see if there are any options for modifying the agreement to address your concerns.
Next, consider discussing the situation with your ex-wife. Explain how filing for spousal benefits could help both of you financially and potentially reduce the amount you need to pay from your income. If direct conversation isn't productive, mediation might be a helpful step to facilitate a fair resolution.
Finally, stay informed about your legal rights and options. While you can't compel her to file for benefits, a legal professional can provide guidance on how to navigate this situation and explore possible adjustments to your financial obligations.
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