As a Cobb County divorce attorney, many clients ask me what the Social Security consequences would be if they were divorced.
If you are age 62-plus, were married 10 years or more, and are currently unmarried (and you are not entitled to receive a higher benefit based on your own work), you can receive benefits based on your ex's earnings, even if he or she remarried. If you both worked, the lower earner may receive benefits based on the higher earner's work. If you never worked, you can collect benefits on your ex's work, and your ex is still eligible to collect what he or she has earned over the years. If your ex hasn't yet applied, but qualifies for benefits, you can still receive benefits if you have been divorced for two years. You can collect a divorced spouse's benefits without reducing the amount of your ex's benefit. The longer you wait to collect divorced spousal benefits, up to your full retirement age, the higher your benefit will be. Social Security benefits cannot be divided in a divorce, but rules about them can affect post-divorce income and standard of living. If the former husband dies, the wife may be entitled to survivor benefits - 100 percent of the former husband’s Social Security benefit.
Eligibility for tax benefits, exemptions and waivers also have greater significance for older clients in divorce cases. If you are older (over 50) and facing a divorce with these issues and others, we are here to consult with you and guide you through the process.
Divorce lawyers and family law attorneys have discovered that the early part of the year is often their busiest season. As a Marietta divorce lawyer and Cobb County child custody attorney, I inform all clients in divorce cases and other family law cases involving parents of minor children in Cobb County that they must attend a court-mandated seminar for divorcing parents. And while I admit estate planning is easy to overlook, it’s still something that must be taken care of either before you file or immediately after your divorce is complete.
I always advise people in Georgia to at least meet with a Marietta estate planning attorney, in addition to their Marietta divorce attorney before ultimately filing for divorce.
Christi Trusler, an Austin, Texas, Divorce attorney, whose site is called Austin Divorce Help (she also has a terrific online seminar about divorce), says that periodically, she comes across someone who is determined to have a divorce from hell.
BELGRADE, Serbia - A Serb farmer used a grinding machine to cut in half his farm tools and machines to comply with a court ruling that he must share all his property with his ex-wife, local media reported on Thursday. Branko Zivkov, 76, told Belgrade daily Kurir he had been ready to give his wife Vukadinka her equal share of everything earned during their 45-year marriage, but was furious at being asked to give away half his farming equipment.


The halved equipment included large items such as cattle scales, a harrow and a sowing machine.
According to a soon-to-be-published study by Washington & Lee University School of Law and reported in the Wall St. Anyone familiar with statistics will know that while accurate conclusions can be drawn against populations, it is dangerous and inappropriate to attempt to apply so conclusions to specific individuals or families--especially for something as complex as marital success. The court at any temporary or permanent hearing may grant sole custody, joint custody, joint legal custody, or joint physical custody where appropriate. Child support continues until the child becomes 18 years of age, dies, marries, or otherwise becomes emancipated, except that if the child becomes 18 years of age while enrolled in and attending secondary school on a full-time basis, then such support shall continue until the child completes secondary school, provided that such support shall not be required after the child attains 20 years of age. Stewart notes that aside from the emotional aspects} of a divorce, an older couple should also analyze various problems that affect them solely as a result of their age and stage of life. For example, if a wife is over age 62, and the couple’s marriage lasted for over 10 years, she can collect benefits after the divorce on her former husband’s earnings record without a reduction in benefits to the husband. To qualify, the marriage must have lasted 10 years, the surviving spouse must be at least 60, and that spouse cannot already be entitled to benefits that are equal to or greater than those of the former spouse.
Stewart’s case, in our Marietta, Georgia, family law practice, we've seen that the question of  who gets the house also takes on greater significance when our clients are older. We are happy to help couples of any age face a divorce with dignity and grace, in deference to all those years you shared a life together.
Some couples stay together through the Christmas and New Year holidays only to separate to ring the new year. In a clever contrarian approach, she lists the following tips that she has learned from some of these people.
At this time, there are no statutes regarding what the court considers when distributing the property in a divorce case.
If a divorce is granted, the judgment or decree shall specify and restore to the party the name so requested for in the pleadings. The child?s selection shall be controlling, unless the parent so selected is deemed unfit to have the custody of the child. A non-custodial parent may be ordered to provide insurance for the child or children for so long as he or she is obligated by this order to provide support. As an Atlanta and Marieta divorce lawyer, I have also seen an increase in the number of my cases involving Baby Boomers. The years in which they earn the majority of their income usually behind them, so careful attention must be paid to in evaluating and dividing their assets, which typically include their home as their primary residence, retirement accounts, investment portfolios and the like.


If your home has lots of equity, you could use that equity for a reverse mortgage when you reach age 62. Because many such clients are parents and grandparent together, we also urge those clients to take a careful look at collaborative law and mediation as a better means than litigation to resolve these issues.
If you really get your kids involved and start using them against each other it's easy to make it much, much worse - on you and your kids. I know you hired an attorney to guide you thought this legal matter, but he or she couldn't possibly know as much about the law as your aunt Dorothy who has been divorced 3 times.
If you really want to nuke all your family's financial resources while fighting with your spouse, make sure you talk to one of these lawyers. Generally, the separate property of each spouse shall remain the separate property of that spouse. In all cases in which the child has reached the age of at least 11 but not 14 years, the court shall consider the desires, if any, and educational needs of the child in determining which parent shall have custody. COBRA laws will allow you to stay covered for up to 36 months following a divorce, but you will usually be responsible for paying those premiums. By filing after the first of the year, the spouse is able to discover the other spouse's earnings as reflected on W2s, 1099s, and other tax documents.So what does Valentine's Day have to do with all of this? The class is offered three times each month (see the online registration form for a schedule) at a cost of $30.00 per participant. Whatever she does, she said she will work to encourage lasting marriage in all sectors of society."It's for us to muster the determination and effort needed to save our children and ultimately our country from self-destruction," she said. Typically they will need to have a Qualified Domestic Relations Order (QDRO), which is a separate court order that covers the division of retirement benefits.
There are national organizations for seniors which offer individual health insurance coverage for members, and those groups may be a good place to start if you need to look for new individual coverage. Evaluations of this seminar have consistently shown that at least 94% of past participants felt that the course was helpful to them during the divorce process. Second, since money is often an issue in divorces in the first place, it can give you just a little bit more to argue about.
According to Mark Britton, founder and CEO of Avvo, “Over the past two years we’ve seen an average increase of 40 percent in the number of requests for divorce lawyers around Valentine’s Day, compared to the previous six months.” You can read much more about this trend here.



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