NJSBA Family Law Section

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  • 1.  Spousal Social Security Benefits

    Posted 09-20-2021 10:15 AM
    Dear List Mates,

    A potential client is 74 years old and receiving approx. $1,200 in Social Security benefits.  She has been married to her 67 year old husband for only 4-years and he obtained his "green" card via the marriage.  He is collecting approx. $735 in Social Security as her spouse and not under his own employment (of which he had none "reportable" in the US).  

    If she divorces him, will he continue to receive the $735?  Any advice would be greatly appreciated.

    All the best,

    Kathy Wagner

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    Katherine Wagner Esq.
    Somerville NJ
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  • 2.  RE: Spousal Social Security Benefits

    Posted 09-20-2021 11:42 AM

    Hi Kathy, he can't get social security after divorce because they were married less than 10 years. If he got his green card because of her, she likely had to sign a promise of support form I-864 that will need to be addressed.

    Tom

     

    Thomas R. King, Esq

    O: 973-750-8348 Fax: 888-576-8997
    www.njfamily.law - www.njdivorce.law - www.thomaskingesq.com

    45 Broadway, 2nd floor, Denville, NJ 07834

     

    Secure online payments portal: https://secure.lawpay.com/pages/thomaskingesq/operating

     

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