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)
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
