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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 06-25-2013, 03:12 AM
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Default Ss and separation agreement

So, I've been reading a bit on here and I find myself wondering about one major aspect of my fiances separation agreement. The agreement states that he will pay x amount in ss for a period of 5 years from when the agreement was signed (2012).

The understanding was that he had been paying for two years prior to that with no agreement in place. The amount was about $400 a month higher then what the tables set out as a guideline though no tables or guidelines or even mention of specific income was included in agreement.

The marriage was for 15 years so this was what was worked out as .5 per year of marriage but at a higher amount then the tables required to allow ex time to get herself a job and self sufficient (though this was not specificied in agreement)

So my question is, when the 5 years is up, will his ex be able to make a claim for additional ss? Or will the sep agreement be held to? (Which specifies an end date to the ss?)
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Old 06-25-2013, 09:20 AM
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5 years after you sign unfortunately.
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Old 06-25-2013, 07:06 PM
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I think it depends on the grounds for the SS. If it's based on the length of the marriage, I don't think she can alter the amount after everything is signed, because the length of the marriage isn't something that could change in the next five years, if that makes sense. If it's based on an estimate of how much time it will take for her to become self-sufficient, it might be possible for her to re-open it later, as the conditions which affect her ability to become self-sufficient might change over the five-year span (e.g. employment prospects in her job sector might crash, she might be unable to complete retraining because of health problems, etc - just throwing these out as examples).

As far as I know, there are no legal "tables" for spousal support like there are for child support (although there are unofficial tools for calculating what a reasonable amount of support might look like, like DivorceMate). Thus, your fiance probably won't be able to argue that he was paying over the guideline amount, because there really is no guideline amount.
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