Hypothetical...

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thefunone

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I am able to retire in about 5-7 yrs. Currently avg 94K base...107K with OT. Paying SS and CS w ex making about 35K. She will be getting a portion of my pension. Her 5yr plan (from today) is to be fulltime by then making 75-85K - benefits - pension etc. Is it possible that if I retire and she is making that kind of money that she would in fact pay me SS?
 
I have no idea what the legal answer wouldbe, but I suspect not given that you would have to prove entitlement.

- seems like a long time after divorce to come back and claim it
- your career obviously didn't suffer during the marriage or as a result of it
- you are choosing to retire long past when you are divorced, why is that suddenly her responsibility? would you be offering to pay her SS if the situation were reversed?
- what if she doesn't get to her 5 year plan, if she is suddenly never able to work again or in a full time capacity? Are you intending to pay her MORE ss due to that?
 
Not divorced
No-my career didnt suffer...someone had to work when she no longer wanted to...
If my kids choose to come and live with me...what about CS?...again - I'm not saying I want SS...but it was just something that I wondered.
It is looking like my paying SS runs out in about 7-8 more yrs...but if the pendulum switches to where she makes way more than me...why am I not allowed to collect?
 
You are obviously capable of being self sufficient, proven by the fact that you have been during the marriage and since seperation. Your choice to retire is just that - a choice.
 
I am able to retire in about 5-7 yrs.

Talk to arabian about retirement plans. ;)

You are a payor, you don't have the right to retire. Your optimism is refreshing though.

Well, you can retire, but you will pay as if you are still earning 94k a year.



Is it possible that if I retire and she is making that kind of money that she would in fact pay me SS?

You almost certainly do not have entitlement.

Now, if your kids come to live with you, then she will indeed pay you CS. It is likely that getting the kids is the only financially reasonable way for you to retire as planned.
 
Hitting retirement age during your spousal support window should have been something you thought about or brought up when you were doing it.

It's not a material change in circumstances. You may be able to request it be reviewed based on your new, lower income, but you have an uphill battle.

Hopefully you have a set duration for it to be paid, rather than the usual "Open ended" stuff that we typically see.
 
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