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Old 03-28-2010, 11:13 AM
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Originally Posted by Laurie-Jean View Post
In the pursuit of the "clean break", should she negotiate more equity in the house against an agreement to forego spousal support ) or is that approach always a no-win situation.
You read my mind.

You ask many open ended questions and I think you would be well served spending several hours reading the many many threads in this forum on SS and equalization of family property.

That she has been separated for two years and still has not brought forth a claim for SS will operate against her. He will argue that she's done just fine for a couple of years and therefore doesn't need it. That doesn't mean she won't get it, but the strength of her claim is diminishing as time goes by. She needs to get her claim on the record sooner than later. That doesn't mean necessarily running off to court, but at minimum she should send him a properly served letter stating that SS needs to be discussed.

Research her entitlement to SS, both quantum and duration, and measure it against his entitlement re equalization of (all, not just the house) family property before making an offer.