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:

My ex-wife has been eligible to draw off my Social Security but refuses to do so while collecting alimony.

Meanwhile I am going broke with my alimony payments and she is doing nothing to mitigate my payments by filing for my Social Security benefits.

Do I have any recourse to force her to start drawing off my benefits or otherwise find a way to lower my alimony payments?

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?

By Christian D. Barnard

Divorce lawyer, Cordell & Cordell

A client recently came to me for financial advice on divorce concerning his wife perhaps trying to shield assets through a Social Security Offset.

A Social Security Offset is a reduction in the value of pension benefits subject to equitable distribution in your divorce due to an adjustment based upon hypothetical or actual Social Security benefits.

Under federal law, Social Security benefits are not considered marital assets and therefore are not subject to distribution in divorce proceedings.

Some government employees do not pay into Social Security, but instead pay in to another form of government pension plan. 

In essence, the Social Security Offset allows your wife to substitute the money she is paying into a pension plan for what she would be paying into Social Security, and therefore, shield it from division in your divorce. 

Question:

My ex-wife and I are changing custody of our one minor child. She currently pays me child support and I will now be paying her in the future.

I have a adult son that is 22 and disabled. He does receive SSI benefits, but I still provide over half of his expenses. Can this be used to calculate my child support for my minor child?