Divorce Advice for Men | Fathers Rights Divorce | Child Custody

By Jennifer M. Paine

Michigan Divorce Lawyer

Does your wife get half of your Social Security when you retire?

After all, she gets half of everything else you earned during your marriage, right? As I've explained in my articles on "The Truth To Common Divorce Rumors," everything really does not mean everything (not gifts, inheritances, passive appreciation, etc.), and this is particularly true for Social Security.

As a matter of federal law, your wife may receive Social Security based on your earnings, but not half of yours.

Question:

I have started collecting social security benefits shortly before we are about to begin divorce proceedings.

Is my wife entitled to half, or any portion, of my monthly social security benefits or would it be considered separate property ineligible for property division?

Question:

My ex recently was approved for SSDI benefits along with my children receiving some back payments. Should I file a motion to have my child support reduced due to her receiving these benefits?

With the settlement money my children received, could I get child support modified retroactively for the previous years of payments?

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

• Can I sell the marital home under temporary orders? If I can't sell the home under temporary orders, then how soon could I sell the home? Finally, should/can I file for bankruptcy under temporary orders?
• Can we receive both child support and the auxiliary child benefit?
• I have primary physical and joint legal custody of our child. During vacation time that I have this year (spring break, summer) the decree states my ex has first right of refusal if a babysitter is necessary. Does this apply even during my holiday time?
• If I get laid off from my job, can I get alimony and health insurance from my ex even if she has remarried?
• If my pregnant wife gives birth before our divorce is finally, are the children legally mine even if paternity hasn't been determined?