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In Tennessee, if you divorced your ex wife and pay life

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In Tennessee, if you...

In Tennessee, if you divorced your ex wife and pay life alimony, does alimony stop when she received my social Security benefits based off my income, not hers? Also if court divorce paper states I have to keep a life insurance that she owns on me but I pay deductible on IRS taxes?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in TN family court?

Yes, divorce happened 25 years ago and have been remarried now for 28 years to same woman. Divorce papers say lifetime alimony. Plus a $300,000 life insurance policy in her name but for my death if before hers. She draws Social Security off my earnings. So at 65 I retire but still have to pay her alimony. Plus premium on life insurance policy. Which insurance policy gets higher the older I get. I am 70. Thank you.

Lawyer's Assistant: Have you talked to a lawyer about this yet?

Seems unfair. She gets a raise at 65. So basically my social Security check has to pay her alimony until one of us dies.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have asked a couple but cannot find what Tennessee laws state in regard to above.

Submitted: 4 months ago.Category: Family Law
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Answered in 3 minutes by:
3/19/2018
Family Lawyer: Lucy, Esq., Lawyer replied 4 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
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Hi,

I'm Lucy, and I'd be happy to answer your questions today.

You're allowed to request a modification to alimony based either on a reduction in your income or an increase in hers. Alimony won't automatically stop when she begins receiving Social Security, but it is a basis for asking the judge to reduce or end your payments. At the very least, you may be able to deduct the social security benefit she'd getting from what you're paying her.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Customer reply replied 4 months ago
No ex wife pays SS as her income. How would or why would I pay. Also did you answer the life insurance question?
Family Lawyer: Lucy, Esq., Lawyer replied 4 months ago

What do you mean your wife is paying Social Security? Is she still working?

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Family Lawyer: Lucy, Esq., Lawyer replied 4 months ago

If you can get alimony terminated, then the judge should allow you to also cancel the life insurance. It's also possible that you'd be allowed to reduce the benefit amount given her age, especially if she is getting social security (which will continue after you pass). But the starting point is to see if alimony can be reduced or eliminated.

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Customer reply replied 4 months ago
You are not actually answering my question. What does Tennessee law say? Ex wife claims her SS money off my past earnings.
Family Lawyer: Lucy, Esq., Lawyer replied 4 months ago

Everything I've said IS based on Tennessee law. If you have specific questions, I'm happy to clarify, but I have answered your questions:

  • You can seek a modification
  • You can also seek a reduction or termination of the life insurance.
  • To get the life insurance reduced or terminated, the alimony has to be reduced or terminated first.

I realize that she claims Social Security based on your earnings, but that has no bearing on the answer, because Social Security would pay you the same amount whether she claimed benefits on your record or not. The relevant factors are that her income has increased from what it was during the time of the divorce and that you want to retire, which will reduce your income.

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Family Lawyer: Lucy, Esq., Lawyer replied 4 months ago

This site has forms that may be helpful when you go back to court to request a lower alimony amount.

https://www.uslegalforms.com/alimony/tennessee/

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Customer reply replied 4 months ago
Never mind as you are not really answering my question. Like does Tennessee allow. Also asking judge they most likely would want to know net worth. I mainly wanted to know a yes or no. As some states will not allow. Does Tennessee. Also does Tennessee let you deduct life insurance policy that originated after divorce according to divorce decree.
Customer reply replied 4 months ago
Also, is the life insurance premium deductible on my taxes? Alimony is deductible? What does IRS allow.
Customer reply replied 4 months ago
No they would not pay her as much as she is making off my SS earnings. You know that. She has barely ever worked. She has received alimony and royalty money way over 1 million in 28 years
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