From DivorceNet: "A couple cannot continue to accrue marital property while the divorce from bed and board is in effect. They can choose to continue joint ownership of marital property previously accrued, but the divorce from bed and board automatically converts any property held as tenants by the entirety to property held as tenants in common. Survivor benefits under many pension plans, and certain federal benefits such as spousal social security retirement benefits, may be preserved during the divorce from bed and board. Other rights, however, including intestate rights (the right of a spouse to inherit property if the other spouse dies without a will) and the right to claim an elective share against a deceased spouse's estate, are not preserved."(Emphasis added). I have not done the research. Hanan Hi Terryann: The way I understood the question, you are asking if the Wife will get a portion of the Husband's benefit. The wife does not... -posted to the "Family Law Section" community Re: Bed and Board and Social Security | | | Hi Terryann: The way I understood the question, you are asking if the Wife will get a portion of the Husband's benefit. The wife does not receive a portion of the Husband's Social Security benefit under any circumstances. If the parties were or are married for ten years when Wife makes her SS election, she may chose to receive the benefit calculated based upon her own earnings or an amount equal to a percentage of Husband's benefit (I believe it is one half). Husband receives his full benefit, regardless of Wife's election. The SS Administration will help her choose the option that provides her with the highest benefit at the time she applies. Now, as to whether the Divorce from Bed and Board terminates the marriage for the purpose of qualifying to receive based on Husband's benefit, I don't know that either. Please post the answer if you find out. Mariann ------------------------------
Mariann C Murphy Esq.
Law Office of Peter J. Laemers
97 Main Street
Newton NJ
(973) 383-7600
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Original Message:
Sent: 01-19-2016 17:29
From: Robert Goldstein
Subject: Bed and Board and Social Security
If the marriage is at least 10 years in duration, she can collect at the appropriate time based upon the higher of her own account or the former husband's account. Robert E. Goldstein, Esq.
Drescher & Cheslow, P.A. 610 Bridge Plaza Drive Manalapan, NJ 07726 (732) 972-1600
Fax (732) 972-0038
E-mail: [email protected]
Member, Middlesex County Bar Association, New Jersey Association for Justice and New Jersey State Bar Association
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6.
RE: Bed and Board and Social Security
Posted 01-19-2016 06:47 PM
Perhaps individuals can choose to continue a joint ownership after a divorce from bad and board if they re-execute a Deed, but the "divorce" itself from bed and board does terminate the joint ownership. I had a matter some years ago where a couple got divorced from bed and board and the husband, who had a drinking problem, konked out one night smoking a cigarette – burned the house down and he died in the fire. The net result was that the decedent husband's estate inherited his share of the residence part of which went to his son who was serving time for killing his Mother – you really can't write this stuff but I inherited the matter from prior counsel as the client was not all that happy as she thought that the divorce from bed and board was something like an "almost divorce" where the joint ownership with a right of survivorship still existed– it did not turn out that way. Sad case. Please make a note that my telephone and fax numbers have changed as indicated below. W. S. Gerald Skey, Esq. Law Offices of W. S. Gerald Skey, Esq. Princeton Commerce Center, Suite G-60 29 Emmons Drive Princeton, New Jersey 08540 Phone (609) 436-5222 Fax (609) 228-5242 www.skeylaw.com This e-mail and any attachment(s) are private, confidential, may be legally privileged, and are intended only for the named recipient. If you are not the named recipient, you must not review, convert, copy, use or disseminate this e-mail or any attachment(s). Plese notify us by return e-mail and delete this message. If this e-mail contains a forwarded message or is a reply to a prior message, some or all of its contents or any attachment(s) may not have been produced by this Office. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with IRS requirements, we inform you that any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, (i) for the purpose of avoiding tax penalites that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnerhip or other entity, investment plan, arrangement or other transaction addressed herein.
Original Message------
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From DivorceNet: "A couple cannot continue to accrue marital property while the divorce from bed and board is in effect. They can choose to continue joint ownership of marital property previously accrued, but the divorce from bed and board automatically converts any property held as tenants by the entirety to property held as tenants in common. Survivor benefits under many pension plans, and certain federal benefits such as spousal social security retirement benefits, may be preserved during the divorce from bed and board. Other rights, however, including intestate rights (the right of a spouse to inherit property if the other spouse dies without a will) and the right to claim an elective share against a deceased spouse's estate, are not preserved."(Emphasis added). I have not done the research. Hanan Hi Terryann: The way I understood the question, you are asking if the Wife will get a portion of the Husband's benefit. The wife does not... -posted to the "Family Law Section" community Re: Bed and Board and Social Security | | | Hi Terryann: The way I understood the question, you are asking if the Wife will get a portion of the Husband's benefit. The wife does not receive a portion of the Husband's Social Security benefit under any circumstances. If the parties were or are married for ten years when Wife makes her SS election, she may chose to receive the benefit calculated based upon her own earnings or an amount equal to a percentage of Husband's benefit (I believe it is one half). Husband receives his full benefit, regardless of Wife's election. The SS Administration will help her choose the option that provides her with the highest benefit at the time she applies. Now, as to whether the Divorce from Bed and Board terminates the marriage for the purpose of qualifying to receive based on Husband's benefit, I don't know that either. Please post the answer if you find out. Mariann ------------------------------
Mariann C Murphy Esq.
Law Office of Peter J. Laemers
97 Main Street
Newton NJ
(973) 383-7600
------------------------------ |
| Reply to Group Online View Thread Recommend Forward |
Original Message:
Sent: 01-19-2016 17:29
From: Robert Goldstein
Subject: Bed and Board and Social Security
If the marriage is at least 10 years in duration, she can collect at the appropriate time based upon the higher of her own account or the former husband's account. Robert E. Goldstein, Esq.
Drescher & Cheslow, P.A. 610 Bridge Plaza Drive Manalapan, NJ 07726 (732) 972-1600
Fax (732) 972-0038
E-mail: [email protected]
Member, Middlesex County Bar Association, New Jersey Association for Justice and New Jersey State Bar Association
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