Divorce & Social Security Benefits

[Echo123]

What is the name of your state (only U.S. law)? Arizona

My husband and I have been seperated for a year, not a legal seperation. I was the one who moved out of the community home and I am also the primary income earner and all health insurance is through my employer. I have told him that the house would be his as well. He is 62, I am 53. He took an early retirement, which will start in either April or May of this year. His full retirement age is 66, so he only had another 4 years to go before he could collect full benefits. He currently is working part-time and will not exceed the allowed amount for earned income. He wants spousal support so he can obtain his own insurance once the divorce is final. If he were to work full-time at his current job, he would be eligible for their insurance coverage. However, even though he is a healthy, young 62 year old, he does not want to work full-time and wants me to pay him spousal support so he can be retired part time. Does anyone have an opinion or idea on how the courts might respond to this?

[LdiJ]

Originally Posted by Echo123

What is the name of your state (only U.S. law)? Arizona

My husband and I have been seperated for a year, not a legal seperation. I was the one who moved out of the community home and I am also the primary income earner and all health insurance is through my employer. I have told him that the house would be his as well. He is 62, I am 53. He took an early retirement, which will start in either April or May of this year. His full retirement age is 66, so he only had another 4 years to go before he could collect full benefits. He currently is working part-time and will not exceed the allowed amount for earned income. He wants spousal support so he can obtain his own insurance once the divorce is final. If he were to work full-time at his current job, he would be eligible for their insurance coverage. However, even though he is a healthy, young 62 year old, he does not want to work full-time and wants me to pay him spousal support so he can be retired part time. Does anyone have an opinion or idea on how the courts might respond to this?

If a full time job is available to him, (actually available to him, not just theoretically available to him) that would provide him insurance, a court might not take too kindly to his request. Its fine for him to take early retirement, if that is what he wants, but its a little much for him to expect you to pay for it.

[Echo123]

Thank you for your quick response.

[mistoffolees]

Originally Posted by Echo123

What is the name of your state (only U.S. law)? Arizona

My husband and I have been seperated for a year, not a legal seperation. I was the one who moved out of the community home and I am also the primary income earner and all health insurance is through my employer. I have told him that the house would be his as well. He is 62, I am 53. He took an early retirement, which will start in either April or May of this year. His full retirement age is 66, so he only had another 4 years to go before he could collect full benefits. He currently is working part-time and will not exceed the allowed amount for earned income. He wants spousal support so he can obtain his own insurance once the divorce is final. If he were to work full-time at his current job, he would be eligible for their insurance coverage. However, even though he is a healthy, young 62 year old, he does not want to work full-time and wants me to pay him spousal support so he can be retired part time. Does anyone have an opinion or idea on how the courts might respond to this?

How long were you married?

[Echo123]

If we are still married by July, it will be 20 years

[mistoffolees]

Originally Posted by Echo123

If we are still married by July, it will be 20 years

Then you are certainly in a time frame where spousal support can be an issue.

Unfortunately, there are no hard and fast rules on spousal support like there are on child support. It depends a lot on the judge.

Among the factors to be considered:
1. Difference between your salary and what he makes now.
2. How much he COULD be making
3. Whether he really has the option to get full time work in today's economy
4. How much he would make under Social Security (64 is not an unreasonable retirement age)
5. Relative living expenses
And so on.

Your best bet is to talk with a local attorney who knows the practice in your area and probably knows how the judge is mostly likely to respond.

[LdiJ]

Originally Posted by mistoffolees

Then you are certainly in a time frame where spousal support can be an issue.

Unfortunately, there are no hard and fast rules on spousal support like there are on child support. It depends a lot on the judge.

Among the factors to be considered:
1. Difference between your salary and what he makes now.
2. How much he COULD be making
3. Whether he really has the option to get full time work in today's economy
4. How much he would make under Social Security (64 is not an unreasonable retirement age)
5. Relative living expenses
And so on.

Your best bet is to talk with a local attorney who knows the practice in your area and probably knows how the judge is mostly likely to respond.

He is not 64, he is 62, and that IS early to retire, particularly if he is as healthy as he seems to be. He is guaranteeing himself less income on a permanent basis.

People are perfectly free to make that choice, but their ex's or soon to be ex's shouldn't be expected to pay for that. Particularly since he deliberately putting himself without health insurance. If he works for 3 more years, and has insurance on the job, then he will be eligible for medicare at 65.

Of course, another option would be to get a legal separation rather than a divorce, so that he could remain on her health insurance for a few more years.

[Echo123]

I thought 62 was an early retirement age, however he was never one to work anymore than he absolutely had to. He is extremely healthy, albeit somewhat lazy. I just have a hard time believing a judge would grant spousal support when work is available to him as well as health insurance, if he were to work full-time.

[mistoffolees]

Originally Posted by Echo123

I thought 62 was an early retirement age, however he was never one to work anymore than he absolutely had to. He is extremely healthy, albeit somewhat lazy. I just have a hard time believing a judge would grant spousal support when work is available to him as well as health insurance, if he were to work full-time.

There's much more to it than that. My ex works full time and makes $75 K per year - and I'm still paying spousal support for 4 years. The judge will consider all the factors I mentioned above.

[mistoffolees]

Originally Posted by Echo123

I thought 62 was an early retirement age, however he was never one to work anymore than he absolutely had to. He is extremely healthy, albeit somewhat lazy. I just have a hard time believing a judge would grant spousal support when work is available to him as well as health insurance, if he were to work full-time.

There's much more to it than that. My ex works full time and makes $75 K per year - and I'm still paying spousal support for 4 years. The judge will consider all the factors I mentioned above.