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Law Office of Joanne Kleiner

Amicable Divorce Attorney

Archives for August 2024

Aug 09, 2024

How to Benefit From a Former Spouse’s Work Record

Gray divorce has been on the rise over the past 30 years while the divorce rates of younger age groups have fallen. Although a divorce later in life can wreak havoc on your retirement savings, this isn’t always the case. Depending on the details of your situation, it may be possible to claim Social Security benefits based on your former spouse’s work record.

Know Eligibility Criteria Before You Apply

There are several criteria that you’ll need to meet if you’d like to file a claim based on your former spouse’s work record. First, you will need to be at least 62 years of age when you file. Next, you’re only eligible if you were married to your former spouse for at least 10 years, and you must be single at the time of filing. An exception may apply if you remarried and the marriage ended because of a divorce or because your most recent spouse passed away.

Your Former Spouse Is Largely Not a Factor

You won’t need to ask permission from your former spouse to file a claim based on their work record. In fact, your spouse doesn’t have to know you filed at all, and their benefit won’t be impacted by the fact that you have sought benefits off of their earnings history.

You should also know that your former spouse doesn’t have to be receiving benefits before you file a request. Finally, you can still get benefits even if your former spouse is remarried. However, to receive divorce benefits, your former spouse does need to at least be eligible for their own benefits. You will also need to wait at least two years after the divorce before seeking these benefits.

How to Determine the Amount of Your Monthly Payment

The Social Security Administration (SSA) will only issue one payment per month. Typically, this is the greater of your own benefit or 50% of your former spouse’s benefit. For example, say you were due $1,000 per month based on your own work record. If half of your former spouse’s benefit would be less than $1,000 per month, you would file based on your own work record.

There are a couple of ways that you can determine how much your former spouse is set to receive. First, you can simply ask them directly. However, if you don’t think that your former spouse is going to respond to your inquiry, you can always contact the SSA directly.

You’ll Need to Wait for Your Full Benefit

Although you can file for benefits at age 62, you won’t receive your maximum benefit until reaching full retirement age (FRA). If you were born prior to 1960, your FRA occurs when you reach your 67th birthday. It is important to note that if you apply for benefits based on your work record, your monthly benefit amount continues to increase until you turn 70. However, with divorce benefits, your benefit maxes out when you reach your FRA.

Other Issues to Consider

If you are working or collecting a pension from your own employer, it might impact your ability to collect divorce benefits. Your divorce lawyer can discuss with you what might happen if either of those scenarios apply in your case. The attorney might also be able to help you gather the documents needed to get your claim approved.

For instance, you’ll likely need a copy of both your marriage license and divorce decree, and in some cases, you’ll be required to provide original copies of those documents. You can ask your attorney or visit the SSA website to get a full list of records you may need.

If you are in need of a divorce lawyer, don’t hesitate to contact the Law Office of Joanne Kleiner today. You can reach our Jenkintown office by calling 215-886-1266 or by sending a message through the contact form on our firm’s website.

Aug 05, 2024

Integrative Mediation: A New Approach to Divorce Worth Considering

There was a divorce rate of 2.2 per thousand in Pennsylvania in 2022, and it continues to drop. This is good news, although there are still times when a divorce is what both parties prefer. Below, we discuss the components of integrative divorce mediation.

What Is Integrative Divorce Mediation?

There are several ways for couples to end a marriage other than going through an adversarial courtroom battle. A newer type of divorce is what’s known as integrative mediation proceedings. This involves both of the spouses and a series of experts, which may include a mediator, attorneys, mental health experts, psychologists, and financial experts.

How Does Integrative Mediation Work?

While it’s not unusual for estranged couples or their respective divorce lawyers to call in experts, these professionals usually don’t work together. With an integrative divorce, the experts work together to help reach an acceptable agreement between both parties. These experts are neutral in that they want what’s best for both parties, not one party or the other.

What Are the Benefits of Integrative Mediation?

It’s a less contentious process since the experts are neutral and not favoring one party or the other. Also, the process is generally smoother and more civil. A wide range of topics can be covered during the mediation process when discussing the end of a marriage, including division of assets, spousal support, and who gets the marital home. The process is often completed with an agreement that spells out everything that was agreed upon by both couples in writing.

With a traditional divorce, the professionals work independently of one another and have one party’s interests in mind only. This often results in important matters being overlooked. Or worse yet, the experts for each party may fail to agree on much of anything. This can draw out the divorce process.

With court proceedings, there tends to be an adversarial approach to divorce. In other words, there are more likely to be disagreements. In this instance, the judge may make decisions that don’t fully benefit either party.

With an integrative mediation process, both parties get to pick the professionals involved. These experts are mutually agreed upon, and they can be changed throughout the process if so desired.

Who Should Try Integrative Mediation?

This type of mediation doesn’t work for all couples. If a couple is unable to agree on anything, for example, a divorce lawyer may get involved, or a judge may make final decisions about such things as alimony and division of assets. Generally, there has to be a willingness to work together by both parties. If one party is absolutely insistent on getting their way, for instance, integrative mediation would not be effective.

How Do You Create an Integrative Mediation Team?

An online search is a good way to start. If this doesn’t work out for you, consider working with an attorney to find experts. Keep in mind, the experts an attorney finds for one party must be acceptable to the other party and their attorney. All professionals involved must agree to work together as you end a marriage. It’s usually best to research the professionals you wish to work with ahead of time to determine if they (a) participate in integrative mediation and (b) can remain neutral.

Can Integrative Mediation Work When Children Are Involved?

Absolutely. This type of divorce is often recommended for situations of this nature. Because integrative mediation is based on mutual agreement, there’s less likely to be fighting over issues related to child custody such as parenting time and visitation. This is ultimately better for the children and parents. Any differences are usually worked out peacefully. In this instance, the experts work together to offer compromises if there is disagreement over parenting time.

What Are the Costs Associated With Integrative Mediation?

Costs vary. However, the final costs are often lower than what’s associated with court-based divorces or mediation where both parties hire their own set of experts. In this case, expenses for the experts involved can be shared if there is mutual agreement to do so.

How Long Does Integrative Mediation Take?

It depends on the issues involved. Normally, this type of mediation is completed faster than what’s typical with court proceedings or traditional mediation.

Who Can Benefit From Integrative Mediation?

Couples of all ages can benefit from integrative mediation. It also works for couples with or without children. Additionally, you don’t need to have significant assets to benefit from integrative mediation. Couples with only minimal assets, for example, can still get advice from experts on basic divorce issues such as who gets the house and how what’s in the bank is divided.

Contact the Law Office of Joanne Kleiner today to speak with a Pennsylvania divorce lawyer about the integrative mediation process or other issues related to divorce.