Q: Q: Can I force an ex-wife to file for spousal benefits under SS to offset equalization of existing benefits paid monthly
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)
A:
Unfortunately, you cannot force your ex-wife to file for spousal benefits under Social Security. Social Security rules allow her to decide when to file for benefits, and there is no legal mechanism to compel her to do so. However, understanding your options can help you manage this situation.
First, review the terms of your divorce decree carefully. It might include provisions regarding retirement benefits, but it likely does not mandate when or if your ex-wife must apply for Social Security benefits. If the decree is ambiguous, consult with a family law attorney to explore if there are any legal avenues you can pursue to modify the agreement or address your concerns.
Second, you might consider negotiating with your ex-wife directly. Explain how her filing for spousal benefits could impact both of your financial situations positively. If direct negotiation is not possible, mediation might be a helpful step. Ultimately, working through these options can help you find a solution that benefits both parties.
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