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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My wife and I are getting a divorce. She currently is 61 and

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My wife and I are getting a divorce. She currently is 61 and will be 62 in July. She is saying she doesn't have to collect social security until age 66 with full benefits. If she doesn't take SS until 66 that means I will have to pay more alimony from 61 to 66. Since SS is available at age 62, doesn't she have to take it since it is available? That offset of SS will decrease my alimony dollar for dollar, is that correct?

My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard

Unfortunately, she cannot be forced to take SS to decrease an alimony payment.

However, you can stipulate in the final agreement that the alimony shall be revisited at the time that she begins collecting her SS retirement benefits OR you can work up what the amount should be at the time she begins her retirement benefits and have that reduction already built in

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