When Social Security benefits are in pay status and being received by a spouse, then Social Security income can be considered a current source of income and included in the determination of alimony.

Is Social Security considered in spousal support?

In California, Social Security benefits are considered a spouse’s separate property and therefore not divisible as an asset, but they can be used to calculate current and future support. The benefit he or she gets doesn’t affect the amount of the other spouse’s benefit.

Do spousal earnings affect my Social Security?

No. Each spouse can claim their own retirement benefit based solely on their individual earnings history. You can both collect your full amounts at the same time. However, your spouse’s earnings could affect the overall amount you get from Social Security, if you receive spousal benefits.

What age can you get spousal Social Security benefits?

62 years of age
Even if they have never worked under Social Security, your spouse may be eligible for benefits if they are at least 62 years of age and you are receiving retirement or disability benefits. Your spouse can also qualify for Medicare at age 65.

Can a person collect Social Security if they are on alimony?

If the disability goes away, then the benefit goes with it. However, once the person is of retirement age, then he or she can collect retirement benefits. In all cases, a person can’t collect more than one Social Security benefit at a time. For alimony determinations, all types of Social Security benefits count as income.

How old does a woman have to be to collect alimony?

Collecting alimony will offset the Social Security benefits, but she is still eligible to file on your record as long as she is not remarried and is at least 62 years old. The other stipulation is that she must receive more money based on your record than on her own.

What happens to Social Security benefits if you remarry before age 60?

Survivors benefits are equivalent to the deceased spouse’s full Social Security benefit amount. However, if you remarry before the age of 60, you cannot collect survivor’s benefits (unless your later marriage ends for any reason). If you remarry after age 60, you can still receive survivor’s benefits based on your former spouse’s record.

Which is lower alimony or Supplemental Security income?

Supplemental Security Income. If your ex-wife receives Supplemental Security Income—SSI—and also receives alimony, her SSI benefits are lower than if she did not receive alimony. The SSA defines alimony as unearned income.