Ask Liz Weston

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Divorce

Q&A: Does my spouse get half of everything in a divorce?

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Dear Liz: My wife recently asked for a divorce, which was difficult to hear. That said, I want to move forward with my life and part of this is being on sound economic footing. I have been the primary earner in our marriage for most of our 12 years together, even though my wife was capable of working full time. Since we live in California, does she get 50% of everything, including money I had prior to our marriage? And if I originally put in only one-third of the down payment on our house, am I only eligible for one-third of the appreciation, or do I get half?

Answer: Even in community property states such as California, assets acquired before marriage are typically considered separate property. Assets acquired during the marriage, however, are generally split 50/50. If you can trace your down payment back to your separate property, you may be able to get a reimbursement for that amount before the remaining equity is split between you. Your attorney can offer further guidance.

Q&A: How late-in-life divorce could affect Social Security benefits

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Dear Liz: I’m a CPA and getting conflicting answers from the Social Security office about a case I’m working on. Both clients are 70 and they’re considering legal separation or divorce. She took Social Security at 62 and receives about $1,500 a month before deductions. He started Social Security at 70 and receives about $4,600. How would her Social Security change at his death or their divorce, if she doesn’t remarry?

Answer: Based on the amounts involved, both parties are receiving their own retirement benefits and those aren’t affected by divorce, said William Reichenstein, a principal at Social Security Solutions, a claiming strategy site. (If the wife were receiving spousal benefits, those would continue after divorce as long as the marriage lasted at least 10 years and she did not remarry.)

If the husband dies and they haven’t divorced, the wife would be entitled to survivor benefits equal to his full monthly benefit amount ($4,600, plus any future cost of living increases). If they divorce and the marriage lasted at least 10 years, she also would be entitled to his full amount. Remarriage wouldn’t affect her divorced survivor benefit since she’s over 60, Reichenstein said.

Q&A: Social Security and divorce

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Dear Liz: I was married for 25 years. Most of the time, I was a full-time housewife and worked part time here and there. Social Security keeps telling me that I can’t collect on my ex’s Social Security until he dies. He is 74 and I am 72. I started collecting at 62 and don’t get that much in Social Security. Is it true that I have to wait until he dies to get more?

Answer: Technically, you’re eligible for a divorced spousal benefit that’s up to 50% of your ex’s benefit if your marriage lasted at least 10 years and you haven’t remarried. If that amount is less than your own benefit, though, you wouldn’t get anything extra.

The math changes if your ex should die. Then you would be eligible for a survivor’s benefit that is equal to what he was receiving. If that amount is larger than your own benefit, you would get the larger amount.

Tuesday’s need-to-know money news

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Today’s top story: How to retire rich without following a budget. Also in the news: a new episode of the Smart Money podcast on how to buy a house in 2021, a look at President Biden’s housing plans, and how much a divorce will cost you.

You’ll Never Follow a Budget. Here’s How to Retire Rich Anyway
Calculate your net worth by taking what you own and subtracting what you owe to measure your financial progress.

Smart Money Podcast: How to Buy a House in 2021
And a discussion of NerdWallet’s Best-Of Awards.

The Property Line: Biden Housing Plans Include Down Payment Help
Joe Biden’s campaign included numerous proposals to expand housing opportunity. Here’s what some of them might look like.

How Much Will A Divorce Will Cost You?
Breaking down the cost.

Q&A: Rules about a dead ex’s pension

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Dear Liz: My ex-spouse passed away recently. She had a pension, and I got 25% of the monthly amount (we had a Qualified Domestic Relations Order to divide the pension). I am now the survivor, but I still get the same amount every month. Shouldn’t I be getting what she received?

Answer: Pensions for survivors don’t always increase when the primary worker dies, and sometimes they go away entirely.

That makes them different from Social Security, where a surviving spouse would get the larger of the two checks a couple received. A qualifying divorced spouse may also qualify to get a Social Security check equal to what the deceased was getting.

What happens to the pension probably depends on the details of your QDRO. Pension companies don’t always give survivors accurate information, so check with your lawyer to see what is supposed to happen according to your agreement.

Thursday’s need-to-know money news

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Today’s top story: TransferWise launches traveler and immigrant-friendly debit card. Also in the news: How to get free baby stuff, dodging dealership dread with online used car sellers, and how to protect your money in a divorce.

TransferWise Launches Traveler- and Immigrant-Friendly Debit Card
No foreign transaction fees.

How to Get Free Baby Stuff: Diapers, Clothes and More
Free stuff for the newbie.

Dodge Dealership Dread With Online Used Car Sellers
Buy a car right from your phone.

How to Protect Your Money in a Divorce
All about the prenup.