Ex-Spouse May be Able to Maximize Expected Social Security Benefits after Divorce

As some readers may know, our Social Security system permits a divorced person (once eligible for benefits in the normal course of events) to receive the greater of (a) the amount he/she would be entitled to in their own name or (b) 50% of their ex-spouse’ benefit provided that the parties had been married for at least ten years and the person has not remarried.

Although New Jersey law generally holds that the marital partnership terminates upon a filing for divorce, the parties remain legally married until the subsequent entry of a Judgment of Divorce.

For Social Security purposes, the latter rule also applies. For example, if a person has been married for 9 ½ years when a divorce complaint is filed, the actual divorce date will govern whether he/she is permitted to exercise option (b) above. Under this model it behooves the person to delay the entry of a Judgment of Divorce for six months so that they qualify for this benefit. If a spouse qualifies and selects the 50% option, it does not change the other party’s benefit payments—the ex-spouse will still be entitled to 100% of the expected payout.

If you are considering marriage dissolution, you should seek the advice of an experienced family law attorney who knows the rules governing support and sustainability after divorce.

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Student Loans will follow you, even with Social Security income

 

Britt Simon Top DUI Attorney in New Jersey

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Judge Carol E. Higbee (1950-2017)

Judge Carol E. Higbee, who has been an Appellate Division judge for two years and, before that, a trial level judge in Atlantic County for 21 years, died on January 3 at age 66.  After a judicial clerkship in Atlantic County (reportedly, she was the first woman law clerk in that courthouse) and a career […]

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The Effect of United States Supreme Court Dicta

Coleman v. Superintendent Greene SCI, ___ F.3d ___ (3d Cir. 2017).  Today, Judge Hardiman, writing for the Third Circuit in a habeas corpus case, addressed the weight to be given to dicta from the Supreme Court of the United States.  Lawyers all learn the difference between a holding, the actual rule of decision in a […]

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Types of Witnesses During A Will Contest

In ruling upon the validity of a contested Last Will and Testament, there are numerous witnesses whom a Court may hear testimony from in deciding whether to invalidate the will. As is the case in any litigation, fact witnesses who possess relevant knowledge with regard to the facts and allegations set forth in the Complaint are essential witnesses. These witnesses may possess knowledge with regard to the mental status of the Decedent at the time the disputed Will was executed, the relationship that the Decedent shared with his family members, and other issues concerning the Decedent’s physical health and general appearance at the time the contested Will was executed.

In addition to fact witnesses, the Court will often hear testimony from expert witnesses. These experts may opine as to the mental and physical capacity of the Decedent at the time the Will was executed, as well as whether the Decedent was susceptible to undue influence. Undue influence, as discussed in a previous blog, means that another party asserted their dominion or control over the Decedent such that the Will did not reflect the Decedent’s true intentions, but rather, those of the party who asserted the influence.

Aside from fact witnesses and expert witnesses, the Court may also hear the testimony of quasi-expert witnesses. While these witnesses may be experts in their fields, they have not been retained by a party to provide expert testimony. Typically, these types of witnesses may involve treating physicians, nurses, or other health care professionals who may have provided care or maintenance to the Decedent.

Furthermore, the Court may also hear the testimony of the lawyer who drafted the disputed Will, as well as the witnesses to this document. As such, these witnesses don’t neatly fall into the category of expert witnesses or lay witnesses.

Although this blog provides a summary of the types of witnesses who may testify during a Will contest, this is only a short summary of who may offer testimony. Obviously, it is important that experienced counsel be retained in order to properly address the potential testimony of any such witness who may testify during these proceedings.

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