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spousal support count as "income" ?

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  • #16
    Originally posted by arabian View Post
    IF I shacked up with someone, then separated, and they tried to come after me for SS they most certainly would not be entitled to a portion of the SS I currently receive. My employment or investment income would be free game but I don't believe my SS would be eligible.

    If someone can show me case law that says otherwise I'll eat my keyboard.
    While case law maybe hard to find, I find it interesting that you believe funds used to maintain the lifestyle of the 2nd marriage should somehow be omitted from a calculation that is determined by the lifestyle of the marriage....

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    • #17
      case law on this would probably not exist. My ex tried a similar move (using one year's SS as income to reduce the next year's SS). Judge's response was: "I'd have to change the divorce act in Canada." He was pretty much laughed out of the judge's chambers. (I receive double costs for that stunt.)

      What I believe is irrelevant. The law is relevant.

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      • #18
        I think you are talking about two different things. In Arabian's case, you can't use SS income as justification to reduce the same person's SS income the following year. It would have to be self-sufficient employment income as a reason to reduce SS.

        In the poster's question, it's about if a second ex can receive SS based on the total income of the person, including SS provided by the first ex. I would think that if there is an entitlement to SS for the second ex, that the income it was based on would include the SS provided by the first ex. However, I would also hope that someone would be hard-pressed to demonstrate how they sacrificed to contribute to the person earning that income, and why they deserve compensation!

        All this says to me is how stupid SS is in the first place. Everyone should be self-sufficient nowadays, and benefiting from the increased income of a spouse should end along with the marriage to that spouse.

        I say that well aware that Arabian's SS award is really disguised equalization, and people like Momforever1956 who put hard, unrewarded work into their ex's career.

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        • #19
          It is a very interesting subject. I thank you for your remarks as I have little desire to rehash my situation as it would be a boring read for most old-time posters. I am self-sufficient and always have been. However, when I am at retirement age that will be an entirely different scenario as my life savings and home were lost through this madness.

          Back to the OP's remarks. I think merits of claim for SS would be again on a case-by-case basis. If I were wealthy through obscenely high SS and had a "kept man" at my beck-and-call he very well might try to nail me (financially) arguing that I keep him in the lifestyle that he enjoyed while keeping me company. If any SS were awarded, it would likely be for a very limited duration (until he found Rioe or someone else to look after him).

          After 30 yrs with someone, even if the marriage had ended amicably, I do not see myself cohabiting with anyone. If I'm lonely I can get a dog...

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          • #20
            Appreciate everyone's input. To CLARIFY somewhat, my question is IF the 2nd ex DID win the right of SS, would the SS be included in the definition of "earnings" or would it be excluded.

            Some of the input has focused on "would the ex's common law spouse be eligible for SS". Let's assume the new boyfriend IS eligible for SS after 3 or more years of common law.

            Still doesn't seem to be a clear concensus on the topic......

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