Articles Tagged with insurance

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Earlier this year, I wrote a blog post entitled Support Security: Real Life Considerations. In it I discussed the developed case law and statutes dealing with affording dependent ex-spouses (and children) some level of economic security and protection in the event of the death of a payor – spouse, including in the form of life insurance, trusts or other means. While the legal authority of a Court to require same is now well established, it is an issue which has complexities, both practical and equitable, in regards to the determination of the nature, level and extent of same, depending upon the facts and circumstances in a given case. However, often forgotten is another, if perhaps even more valuable, form of “security” which may be available to ex-spouses (and children) in the event of the death of a former spouse – Social Security Survivor Benefits.

social-security-card-300x202Last year my partner wrote a blog post in which he discussed the fact that a divorced spouse may be entitled to elect to receive retirement benefits under Social Security based upon the former spouse’s work history, rather than their own as long as certain conditions were met, namely (1) the marriage lasted ten (10) years or longer (measured from the date of a valid marriage to the date the divorce is final); (2) you are unmarried; (3) you are age 62 or older; (4) your ex-spouse is entitled to Social Security or disability benefits, and the benefit you are entitled to receive based upon your own work is less than the benefit you would receive based upon the ex-spouse’s work. Further, if the ex-spouse had not applied for retirement benefits, but could qualify for them, one would only be eligible to receive such retirement benefits if the parties were divorced for at least two (2) years. These Social Security retirement benefits are not subject to equitable distribution. Since alimony and spousal support are often subject to modification, if not termination, upon the payor – spouse’s retirement, such benefits are an important and valuable consideration which are often overlooked. Curiously, the right to receive these benefits is not predicated upon the existence of such support obligations, or even actual dependency, as long as the requirements noted above are met.

While most people focus on retirement benefits when we talk about Social Security, there is another form of benefits available to divorced spouses that is often ignored and which may be even more valuable – survivor benefits. Under Social Security, if a worker spouse dies, whether before or after reaching retirement, that person’s spouse and/or minor children may be eligible to receive survivor benefits as long as certain criteria were met, i.e. work credits, age, etc. Those eligible to receive monthly survivor benefits include (1) a widow or widower age 60 or older (age 50 or older if disabled); (2) a widow or widower at any age who is caring for the deceased’s child who is under the age of 16 or disabled and receiving benefits on their record; (3) an unmarried child of the deceased who is younger than age 18 (or up to age 19 if he or she is a full-time student in an elementary or secondary school) or age 18 or older with a disability that began before age 22. Additionally, a divorced spouse of a worker who dies may be eligible to receive the same benefits as a widow or a widower provided that the marriage lasted ten (10) years or more. If the divorced spouse is caring for the deceased’s ex-spouse’s child younger than age 16, the ten (10) year rule does not apply and he or she would be able to receive survivor benefits until the child reaches 16 or is no longer disabled. Surprisingly, the divorced non-worker’s spouse’s remarriage after reaching age 60 (50 if disabled) will not affect eligibility for survivor benefits. However, if the remarriage occurred before age 50, the former divorced spouse would not qualify for survivor benefits. Compare this to the fact that by statute remarriage at any age would terminate a right to receive alimony. Further, the fact that the worker spouse may have been remarried at the time of his death would not affect the ability of a divorced spouse who claimed survivor benefits under Social Security. Indeed, multiple spouses, current or former, may be eligible for such benefits as long as they meet the requisite criteria.

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I recently attended a seminar where the topic concerned the obtaining, analysis and use of medical records. While the main focus was how medical records were dealt with in civil litigation matters such as medical malpractice and personal injury cases, it was clear that a number of the issues discussed could apply to Family Court matters as well. A spouse may allege that they are unable to work, or may be limited in what type of work they can do, as a result of some sort of medical or psychological condition or disability, thereby impacting a claim for spousal and/or child support. A spouse may allege that they suffered physical and/or emotional injury as a result of an act or course of abuse by the other spouse leading to a claim for damages in an action for domestic tort. Continue reading

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file000739321417On October 21, 2015, the Hon. L.R. Jones, J.S.C., a family court judge in Ocean County issued an opinion that was approved for publication this week in the matter of Fichter-v-Fichter. Judge Jones addressed the question of whether a parent already paying child support pursuant to those Guidelines also has to pay an additional amount for child support of a new licensed unemancipated teenage driver. Continue reading

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During the initial meetings with a client when a divorce action is being contemplated or has just been filed, he or she often has preconceived notions of what the impact of the divorce filing may have upon their rights and/or responsibilities going forward. Some mistakenly assume that the mere filing of an action for divorce means that they are no longer “married” or that it constitutes a state of “legal separation”. Neither of these assumptions are true Continue reading

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On occasion someone will ask me about the possibility of a way to end a marital relationship short of a divorce.  for instance ,is there a way to legally or formally separate?  In New Jersey, married couples do separate, but there is not a law providing for a formal, legal separation per se.   New Jersey, however, does have a provision for a “limited divorce”, which is called a “divorce from bed and board”, which is the State ‘s closest version of legal separation, as opposed to an “absolute divorce”, which permanently ends the marriage, and is what most of us think of when we hear the term “divorce”. Continue reading