As a divorced spouse, you can collect benefits on your ex-spouse's record, even if the ex-spouse has remarried and even if the ex-spouse's new spouse is collecting on the same record.
Remarrying after turning 60 (50 if disabled) has no effect on survivor benefits. But if you wed before reaching that age, you lose eligibility for survivor benefits on the prior marriage. (If you were already getting them, they will stop.)
Your ex-spouse remarrying is a lot to deal with emotionally, so don't try to deal with these feelings alone. Find a support group, a good friend, or a counselor to talk with. Verbalizing your negative, jealous, or depressed feelings can help you put them in perspective and, eventually, move on.
The obligation to pay future alimony ends when the supported spouse remarries. If the obligor spouse pays alimony without knowing ex remarried, he or she can ask a court for termination and reimbursement. Yes, but it's not automatic. The paying spouse must ask the court to terminate alimony and must prove cohabitation.
Most likely, remarriage will affect a spousal support order, since the new marriage can alter the financial or even physical situation of the former spouse. In order to petition for a change or end to spousal support in California, the petitioner must show a substantial change in circumstances.
Your second spouse typically will be able to claim one-third to one-half of the assets covered by your will, even if it says something else. Joint bank or brokerage accounts held with a child will go to that child.
What are the marriage requirements to receive Social Security spouse's benefits? Generally, you must be married for one year before you can get spouse's benefits. However, if you are the parent of your spouse's child, the one-year rule does not apply.
You are eligible to collect spousal benefits on a living former wife's or husband's earnings record as long as: The marriage lasted at least 10 years. You have not remarried. You are at least 62 years of age.
If they qualify, your ex-spouse, spouse, or child may receive a monthly payment of up to one-half of your retirement benefit amount. These Social Security payments to family members will not decrease the amount of your retirement benefit.
This is done via a court order called a qualified domestic relations order (QDRO). If your spouse is entitled to half or a portion of your pension, it would be withdrawn at the time of the divorce settlement and transferred into their own retirement account, usually an IRA.
Up to 50% of the value of the pension accrued during the marriage could be transferred to your ex.
If you remarry, your spousal benefit would be based on your new spouse's earnings record, which could result in a higher or lower spousal benefit. It is also important to consider the impact of marriage on survivor benefits.
Anyone who was married to a Social Security beneficiary can potentially receive survivor benefits on the death of that person. That includes divorced former spouses as well as the deceased's husband or wife at the time of death.
As a general rule, a marriage which has lasted less than 5 years is considered to be a 'short term' marriage. What does a short term divorce settlement look like? The general principle is that the matrimonial pot should be divided equally upon divorce. The starting point is a 50:50 split of the matrimonial pot.
The Court noted that Second wife (widow) can be granted family pension, in those cases, where more than one marriage is permissible under the applicable personal laws of the deceased employee and not otherwise.
An ex-spouse is never entitled to inherit property under state intestate statutes. There's an important caveats for these rules. They can be superseded by a divorce decree.
And while they may hate each other, and be bitter about the circumstances of the break-up or the way the settlement went down, they still comprise a family for their children -- albeit, a family that is reconfigured.
Immediate Family Member means any of the following: spouse, ex-spouse, de facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, step-sister or first cousin.
If you get Social Security disability or retirement benefits and you marry, your benefit will stay the same. However, other benefits such as SSI, Survivors, Divorced Spouses, and Child's benefits may be affected.
This depends on whether, at the time the court entered the divorce decree, the court ordered a division of pension benefits. A court could, in a divorce decree, order that, when you retire, you must pay your spouse a share of your pension benefits. The court's order would be binding, even several years later.
Depending on your state's laws, marital assets are usually divided equally between spouses in a divorce. Therefore, pension funds that qualify as marital property are usually split evenly between divorcing spouses. The exception to this rule would be if you have a valid prenuptial agreement in place.
The only way to divide your husband's pension during the divorce will be via a court order. Whether the courts will agree to splitting the pension in the divorce will usually depend on the pension provisions of the two parties.
In California, all types of retirement benefits are considered community property, which allows CalPERS benefits to be divided upon a dissolution of marriage or registered domestic partnership or legal separation.