How Long Do You Have To Be Married To Get Spouses Social Security

Tim: Now there are some requirements as far as length of marriage, is that correct? Can you give us some details on that?

Janelle: Yes. You have to be married at least ten years to be able to claim this in both situations.

So if you’re close to the ten year point, you might want to delay a little bit just to give yourself the option as being able to claim that their benefits as well.

Tim: So with these ten years rules, ten years in a day and this is applicable to them?

Janelle: Yes.

Tim: Okay.

Janelle: Uh-huh.

Tim: So it’s definitely something they’ll want to consider when going through divorce if you’re over ten years to see how that place out.

Can you get copies from the state as far as your disability payments will they give you?

Janelle: For this Social Security go to the Social Security website—

Tim: For Social Security. Uh-huh.

Janelle: So they’ll go in the website and you can get a copy of yours and your spouse’s benefits, and so they’re going to be—

Tim: You can. This is as simple as going online?

Janelle: Yeah you have to create an account for yourself but yeah you can go online.

Tim: Okay.

Janelle: or else call the Social Security Department but it’s easier to usually go online.

Tim: Got yeah. Okay.

 

How Social Security Spousal Benefits Work During California Divorce

Tim:  Okay so let’s talk about a Social Security Benefits specifically there are two types of benefits, right?  There are Spousal Benefits and then there’s Survivor Benefits, is that correct?

Janelle: Correct. So you get these Spousal benefits if your divorced spouse is still alive. And then the Divorce Survivor Benefits are if they have passed away. So they’re a little bit different.

Tim: Okay, let’s tackle this into a chance here. Let’s first talk about a Divorce Spousal Benefits. So this is both parties are still living.

Janelle: Right.

Tim: Let’s talk about some of the like rules and requirements.

Janelle: Okay. Well the earliest you can receive the benefits is if you’re a 62 years old. You wait ‘til your full retirement age which depends varying on when you’re born.

So yeah, if you have any questions you can give me a call on what exactly your full retirement age is.   But then you are entitled to a 100% of your benefits or 50% of your divorce spouse benefits.

Tim: Okay, and I’d ask you some specific questions off camera, what would make—why would one want 50% of the other spouse’s or of their spouse’s versus 100% of their own.

Janelle: On some cases the divorce spouse was making a lot more money and has a higher Social Security Benefit than you’re going to have, so, you want to look at that if for some reason maybe they’re making $2000 and you’re only making $500, you’re entitled to half their benefits which will be a $1000 a month instead of the 500.

So it’s a case by case. You want to go in and get statements for both of your Social Security Benefits and determine which one would be better for you.

Tim: Okay, and so particularly if you have a family where a husband perhaps worked and maybe the wife took care of the kids there’ll be a scenario where this would you know could possibly be a factor.

They’d want to take a look at this.

Janelle: Definitely or if the husband made a lot more money and then the wife did or she had a lower paying job as well.

Tim: Okay. Now there are some requirements as far as length of marriage, is that correct? Can you give us some detail on that?

Janelle: Yes. You have to be married at least 10 years to be able to claim this in both situations.

So if you’re close to the 10 year point you might want to delay a little bit just to give yourself the option of just being able to claim that their benefit as well.

Tim: So with this 10 year rules 10 year in a day and this is applicable to them?

Janelle: Yes.

Tim: Okay. So it’s definitely something they want to consider when going through a divorce if you’re over 10 years to see how that place out.

Can you get copies from the State as far as your disability payments will they give you?

Janelle: For the Social Security go in the Social Security website.

Tim:  Social Security– uh-huh…

Janelle: So they’ll go on the website and you can get a copy of yours and your spouse’s benefits.

Tim: You can?

Janelle: And so they’re going to be –

Tim: It’s as simple as going online?

Janelle: Yeah you have to create an account for yourself but yeah you can go online.

Tim: Okay.

Janelle: Or else call the Social Security Department but it’s easier usually to go online.

Tim: Got you! Okay.

How Does Remarriage Affect Social Security Benefits After Divorce

Tim: I just want to touch on one topic if you’re going to claim the divorce spousal benefits what is the rule in regards to being getting remarried, you would loose it if you get remarried? Am I reading that correctly?

Janelle: Yes. If you remarried you can’t get this unless your second marriage ends into divorce. If your second marriage ends then if it was longer than ten years then you have a choice of whose you want to claim. You can claim either spouse.

Tim: So oh interesting! So I–you get divorced you’re collecting let’s say and you remarried that would terminate the collection of Social Security from the prior marriage?

Janelle: Yes, it would.

Tim: Okay. And then if they divorced again then they have—well they have to be married for at least another ten years?

Janelle: Right and then makes the action and if they do get divorced before ten years they can claim the first spouse’s social security.

Tim: They go back or either back and claim it.

Janelle: Right.

Tim: Okay.

Getting A Divorce | Review Your Finances Using The Financial Divorce Checklist

Tim: So you with Edward Jones you’ve come up with a divorce checklist and I liked it the check boxes and all that.

You’re suggesting that you know of course this is a good time to do a lot of things, the Auto Insurance, Life Insurance, Financial Planning and so forth.

This is the time where you need to sit down regardless of what’s into this divorce you’re on if you’re the working spouse or not the working spouse to do a financial review and that’s a service that you offer for Edward Jones, is that correct?

Janelle: Yes, that’s correct.

Tim: Okay, let’s talk about a little bit about that. I don’t know if you want to talk about the checklist first, you want to talk about just the financial review in general?

Janelle: Oh well, let’s talk about the checklist.

Tim: Okay.

Janelle: Because it leads into that the financial review.

Tim: Perfect!

Janelle: So this is a checklist that we put together just with the basics. It’s a difficult time. It’s easy since there’s so much paper work in everything to think about.

It will help you go through and take a look at the different things you need to think about.

Some of the big ones on here are making sure that you change your beneficiaries on your Life Insurance.

If you have an IRA that you’re going to keep and it’s not going to be divided you want to make sure that, that beneficiaries changed as well.

You don’t want something to happen to you and the money going to the wrong spouse.

Tim: Okay.

Janelle: I’m also in here talking about, you know, setting up trust and living will, [durable 2:26] powers of attorney.

Tim: Uh-huh…

Janelle: All these and the things that go along with that as well.

 

Free Divorce Financial Review With Janelle Percy At Edward Jones

Tim: Why don’t you let people know how they can get a hold of you?

Janelle: Yes, my office is in Stevenson Ranch of the Old Road and you can get a hold of me at 661-799-2789.

Tim: And give Janelle a call and she will provide a free financial review. We’re also going to be recommending Janelle to all of our clients going through the Divorce process with us. It doesn’t hurt whether you’re going through divorce or not, it’s probably once a year—

Janelle: Exactly!

Tim: …you could sit down and do something like this and this is a major life turning or life changing event rather and you know you’re going to be dealing with finances and the kids and all these other stuff you don’t enjoy, so, mind as well take this time to sit down with Janelle and do a financial view and review at the same time I don’t see why any of our clients would turn this down.

Janelle: No, exactly.

Tim: I think it’s a great service you provide. And you know people would say to me thank you for serving and same to you thank you for serving and I don’t ever know how to respond to that.

Janelle: I know.

Tim: It’s like yeah okay thanks you know this is what we did.

Janelle: Exactly!

Tim: So but anyways thanks for coming and please give Janelle a call if you would like your free financial review or talk about life insurance or if you have questions about the Social Security that we discussed in these videos. Other than that thanks for tuning in and we’ll talk to you soon.

Claiming Your Spouses Social Security Does Not Reduce Amount Earned By Spouse

Tim: I just want to touch on one topic if you’re going to claim the divorce spousal benefits what is the rule in regards to being getting remarried, you would loose it if you get remarried? Am I reading that correctly?

Janelle: Yes. If you remarried you can’t get this unless your second marriage ends in the divorce. If your second marriage ends then if it was longer than ten years then you have a choice of whose you want to claim. You can claim either spouse.

Tim: So oh interesting! So I–you get divorced you’re collecting let’s say and you remarried that would terminate the collection of Social Security from the prior marriage?

Janelle: Yes, it would.

Tim: Okay. And then if they divorced again then they have—well they have to be married for at least another ten years?

Janelle: Right and then makes the action and if they do get divorced before ten years they can claim the first spouse’s social security.

Tim: They go back or either back and claim it.

Janelle: Right.

Tim: Okay. So and spouse say I hope they get remarried. It’s not an end all to the Social Security. They could come back if the first or second marriage doesn’t work out either.

Janelle: Right and the Social Security really doesn’t really affects the spouse, it’s the government paying it. It’s not detrimental, you’re not taking away any of either spouses social security benefits. It’s the government that’s making it—

Tim: Oh! It’s not deducted from the spouse?

Janelle: No. The government is taking it so it’s not like your– if you have yours and you get divorced and now your spouse is claiming yours it’s not you we cannot reduce yours at all. So—

Tim: So there’s no detriment to the other party to do this?

Janelle: No, there’s not.

Tim: So they should certainly look at this?

Janelle: Right.

Tim: …when going through a divorce it’s not going to harm the other party at all.

Janelle: No it’s not going to harm them. It’s just a government benefit.

Tim: We’ve had clients say ‘I have to keep all of my Social Security benefits.’ like they said that to us but had they not said that it’s not going to impact them negatively–and the only way is?

Janelle: And the only way that it could possibly is if in the Divorce Decree it’s stated that if the spouse gets a $1000 they have to pay the other spouse some portion of that.

Tim: Like a percentage?

Janelle: Right. And that would just be in the Decree if you’re saying you know spousal support you’re going to collect some of the Social Security. If you’re just filing for the government it doesn’t affect anyone’s.

Mail Serving Post Judgment Child Custody Modifications | California Divorce

Today, we’re talking about how to serve Post Judgment Modifications for child custody and child support.

So in a Post Judgment so Post Judgment means your Divorce is finalized and you’re going to file a motion with the court.

Most cases we’ll require you to serve personally serve the other party.

So you can’t just out of the blue mail them some papers that you filed that has a court date attached to it. You need to personally serve them.

However, if you’re trying to modify child custody or child visitation there is a way that you can mail serve the other party.

The reason the courts have done this and it says right there on the form itself.

It says it is done to help offset the cost and make it more affordable to get modification for child custody so you don’t have to hire a process server essentially.

But there is some requirements. I’m not going to go through all of them.

But you have to basically know where this person lives. And you have to fill out an address for verification.

And it’s a form Address Verification, I think it’s FL-334 if I recall correctly. So you have to have one or five or six ways of verifying that the address is correct.

And you’re going to certify that you know that the address is correct.

Either for instance knowing maybe you have been there within the last 30 days or receiving mail or correspondence from the other party with that address or that was the last known address you use for as far as the court papers that the address that used was on that court papers.

So you have to some type of verification that you’re going to certify that you know that’s the case.

And if you meet that criteria and it’s a custody or visitation modification you don’t have to hire a process server and you could actually mail serve those documents.

Just to make sure that you are taking a look at the FL-334 Address Verification form and look at and see one of those five or six reasons there are that you can actually mail serve instead of having to hire a process server.

So I hope that helps on how to mail serve Post Judgment Modifications for child custody visitation.

We serve clients all throughout California. Give me a call if I can be any further assistance to you 661-281-0266.

California Divorce Attorneys Taking Advantage Of Self Represented Clients 1

We don’t complain very often on video but lately we’ve been representing a lot of clients.

I’m can’t say representing—I can’t use that word representation because we’re not a law firm but we are assisting a lot of clients.

I think that’s a better choice of words. We are assisting a lot of clients who are unrepresented by attorneys.

Most cannot afford an attorney or don’t want to spend a money on attorney and where the other party has an attorney.

So what we’re seeing is that the attorneys, because they are unrepresented, our clients are unrepresented they are being taken advantage of by attorneys.

What we’re seeing is attorneys are doing things that they would never do, if the client we’re representing or the client we’re assisting were represented by an attorney.

Now I’ll give you an example. We think that attorneys are going to do the right thing and that we’re talking about Family Law here.

So we think that the parties involved and the children involve would be the priority of the attorneys. It’s just not.

They are I shouldn’t say all of them but the attorneys lately we’re talking about have been all about playing games, being deceitful and trying to do a trip up of all the clients that we’re assisting.

I’ll give you an example. We file the motion, served it on the attorney.

Everything was done correctly and they found a little loophole with which to file an objection.

Now they didn’t file the objection in advance. They didn’t call our client and say, ‘Hey we were going to file an objection.’ Or ‘Hey you did this wrong.’ or anything like that.

What they did they waited till three days before the hearing, filed the objection and said, ‘Oh by the way you’re going to have to redo this.’

So and we scrambled and we got that corrected but the objection they filed would have never done this.

They would have never treated another attorney this way and pulled this type of stunt.

So we started to see a lot of these different things. And we start calling people out on it because its your attorneys—I’m sorry but all of you, you’ve earned that reputation.

You all knew those jokes about attorneys and you guys have some of you have definitely earned the reputation.

Divorce661.com specializing and assisting litigants who do have an attorney, we can help you navigate your divorce.

We can help you navigate through the court system if you are going through legal proceedings in Family Law arena.

Divorce661.com 661-281-0266.

Avoid Marital Settlement Agreement Being Rejected | California Divorce

Today, we’re talking about putting together your final agreement. This is known as your Marital Settlement Agreement in the years past.

And then a lot of people are still doing this as far as attorneys are concerned, the Marital Settlement Agreement was a lengthy drawn out narrative.

So a series of paragraph 20, 25, 30 pages long.

And the reason we’re doing this video is the courts are trying to get away from having this long narrative you know 20, 25 pages written document regarding your Settlement Agreement.

And have many years ago have gone to a forms type set up. And that’s how we process divorce cases.

We use the court forms and I want to explain why. We have a lot of people that come to us and say they already have a written agreement and they want to submit their case to the court.

And they’ll either have it done on a piece of paper or these are folks trying to do it with themselves. And it lacks the legal sufficient legal language to process through the courts.

And that’s one of the benefits of the judgment forms is they have all the required language and then it’s just a series of check boxes.

So it makes it very difficult to miss getting that legal language in because these are court, these are documents prepared by the court where you are just going through in checking boxes and filling in the blanks.

What we’re seeing is a lot of folks that are using these online type services where you get the forms complete it for you automatically that they do not meet the legal guidelines for submitting your case, your judgment to the court and they’re being rejected.

So people are paying a couple hundred bucks getting their forms done.

They’re having this written, I’m not saying these are created by a computer, and then submitting to the courts being rejected as the clerk is going through the MSA Marital Settlement Agreement, it’s missing all kind of legal language and they’re telling folks to add this, add that but they don’t do specific.

They’ll say this paragraph is missing, this such and such information per Family Code Section and you’re going to have no idea what is to go in there.

So when people come to us, we essentially will use their written narrative Marital Settlement Agreement as a guide.

But we’ll transfer that information on to the judgment forms which have all the required court information.

So if you’re trying to do your divorce case yourself, save yourself some time and frustration and use the courts judgment forms for each of your child custody orders, property orders, etc, if you have any questions about that feel free to give me a call.

We are a Full Service Divorce Paralegal Firm serving California. The number here is 661-281-0266 or you can go to Divorce661.com for more information.