Does Social Security automatically apply spousal benefits?

If you're eligible for retirement and spouse's benefits, you must apply for both, and you'll receive a combined benefit equaling the higher spouse's amount. This requirement is called deemed filing because when you apply for one benefit you are deemed to have applied for the other benefit.

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Affidavits
Affidavit of Defendant Spouse in Support of Motion to Amend or Strike...

Spousal Support With Social Security In Dallas

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

County:

Dallas

Control #:

US-00004BG-I

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Instant download

Description

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

If you're eligible for retirement and spouse's benefits, you must apply for both, and you'll receive a combined benefit equaling the higher spouse's amount. This requirement is called “deemed filing” because when you apply for one benefit you are “deemed” to have applied for the other benefit.

Here's how to qualify for alimony in Texas, a couple has to have been married for at least 10 years, and the spouse requesting alimony cannot reasonably meet their needs financial (about $18,0000 per year).

In order to be eligible, the spouse seeking maintenance must lack sufficient property once the divorce is final (including separate property) to provide for her minimum reasonable needs.

To receive Social Security benefits as a surviving divorced spouse, you must meet the following requirements: You were married to your former spouse for at least 10 years You are at least 60 years old You are unmarried, unless you remarried after age 60 You have evidence of a finalized divorce.

Spousal Support awards in Texas are not automatic. Texas is a community property state. The court will look to see is the financially vulnerable spouse will be able to meet their minimum reasonable needs after a just and right division of the community estate.

Though the state has parameters for compensation amounts and duration based on specific situations, permanent or lifetime alimony is possible in Texas.

Key Takeaways. The maximum spousal benefit is 50% of the other spouse's full benefit. You may be eligible if you're married, divorced, or widowed. You can collect spousal benefits as early as age 62, but in most cases, the benefits are permanently reduced if you start collecting before your full retirement age.

Texas law sets forth general guidelines for calculating spousal maintenance, including limitations on the amount and duration of payments. The court-ordered monthly amount of spousal maintenance can be at most $5,000 or 20% of the paying spouse's average monthly gross income, and whichever is lower of those two.

Court-ordered spousal maintenance generally lasts up to five years but can be extended in cases involving a disabled spouse or family violence.

More info

To learn more, call The Texas Divorce Lawyer now 2142657630. Alternatively, you can fill out our easy online contact form.By calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or visiting your local Social Security office. You can apply online for: Retirement or Spouse's Benefits. You can apply up to four months before you want your retirement benefits to start. To qualify for spousal benefits after divorce, you must have been married for at least ten years before the divorce occurred. Spousal maintenance is only available in Texas divorce cases. The Family law offices of David S. Kohm offer legal counsel and representation when it comes to divorce, alimony cases, and spousal support litigation. Call 1-800-772-1772 to make an appointment and to avoid any loss of benefits. Here, learn about possible financial and other resources if you are going through a divorce and have a low income.

Spousal Support With Social Security In Dallas

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