Steven R. Tabano and Associates http://www.tabanolaw.com Pittsburgh Divorce Lawyers Wed, 20 Aug 2014 15:36:31 +0000 en-US hourly 1 Social Security Benefits After Divorce http://www.tabanolaw.com/2014/07/14/social-security-benefits-divorce/ http://www.tabanolaw.com/2014/07/14/social-security-benefits-divorce/#comments Mon, 14 Jul 2014 20:24:31 +0000 http://www.tabanolaw.com/?p=1669 Marriage is a legal institution with a big impact on your finances, your retirement, and particularly your Social Security. How are your Social Security benefits determined after divorce? Here are some “must-knows” as you consider marriage or divorce. Marriage: The good news On the plus side, anyone who’s married

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social securityMarriage is a legal institution with a big impact on your finances, your retirement, and particularly your Social Security. How are your Social Security benefits determined after divorce? Here are some “must-knows” as you consider marriage or divorce.

Marriage: The good news

On the plus side, anyone who’s married has access to Social Security spousal payments . The payment amount is up to 50% of your spouse’s full Social Security payment (his or her payment at Full Retirement Age, or FRA, currently 66).

Spousal payments provide a “floor level” of payments — if your own Social Security is small, you can get the larger spousal payments. There’s no marriage penalty, just an opportunity to get at least the spousal payment level.

Most retirees are uninformed about how Social Security benefits are calculated, and often overlook how their change in marital status affects this critical retirement asset.

1. If your marriage lasted 10 years or longer and you have been divorced for at least two years, you are eligible for a divorced spousal benefit.  You can claim either your own benefit or your ex-spouse’s benefit, whichever is higher.

2. You can also claim both benefits. Many divorced spouses optimize their Social Security by beginning their divorced spousal benefit at age 66, which is currently the full retirement age (FRA), and then switching to their own benefit at age 70.

For example, assume that Jane is eligible for a personal benefit of $1,500 per month at age 66 or a divorced spousal benefit of $1,000. If she files as a spouse first, she can claim $1,000 per month now and let her personal benefit grow to $1,980 by age 70, which is 32% higher than her age 66 benefit. This method is called a restricted filing application because Social Security assumes you are filing for the higher of the two benefits unless you specify that you are restricting your larger personal benefit.

When compared to simply starting with the larger benefit, filing as a spouse first will break even in 8½ years after age 66 (or by age 73½) and will provide Jane with an extra $68,160 in total benefits at her life expectancy. We’re not talking chump change.

3. If you begin claiming divorced spousal benefits between age 62 and FRA, you don’t get the opportunity to restrict your filing. Those who file for early benefits are required to take the higher of personal or spousal benefits. In fact, if you work during this time, your benefit could be adjusted downward due to the so-called earnings limit.

4. Getting remarried after a divorce generally means that you lose whatever benefit you may have been eligible for from your former spouse. For most people, this might not be a big deal because it only takes a year of remarriage to become eligible based on your new spouse’s record. The only exception to this loss of benefits occurs if your second spouse dies.

If you have been married for 10 years more than once, you could be eligible for both benefits, but you’ll only receive the higher of the two. However, if neither ex has remarried, they are both eligible to claim spousal benefits on your record.

5. You don’t need to wait for your divorced spouse to file for benefits to become eligible for spousal benefits. If you are both at least age 62, which is the earliest you are eligible for personal or spousal benefits, and you have been divorced for at least two years, Social Security allows you to make an independent filing decision.

Social Security Eligibility When Your Ex-Spouse is Deceased

If your ex-husband dies, you may receive benefits on his record, as long as your marriage lasted for at least 10 years. If you don’t meet the 10-year marriage rule, you can still qualify for benefits if all of the following are true:
- you’re caring for your ex-husband’s natural or legally adopted child
- the child is under age 16, or disabled, and
- the child is getting benefits on your ex-husband’s work record.
Your benefits will continue until the child reaches age 16 or the child’s disability ceases.
The amount of benefits you receive as a divorced spouse will not affect the amount of benefits other survivors (such as another ex-spouse) receive on your ex’s record.

Because divorce and remarriage add complexity to your Social Security decisions, seek professional financial advice before making such an important decision.

Don’t Forget:
You must apply for Social Security benefits. You can do so by going on-line to SSA.gov, calling 800-772-1213, or making an appointment with your local office.

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Social Media and Divorce http://www.tabanolaw.com/2014/06/11/social-media-divorce/ http://www.tabanolaw.com/2014/06/11/social-media-divorce/#comments Wed, 11 Jun 2014 18:54:10 +0000 http://www.tabanolaw.com/?p=1319 As a Pennsylvania Divorce Attorney I constantly come across the issue of social media and how it can and does play a part in divorces.  I advise all of my clients to be aware of what they put out there on the internet for everyone to see. This is

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social media As a Pennsylvania Divorce Attorney I constantly come across the issue of social media and how it can and does play a part in divorces.  I advise all of my clients to be aware of what they put out there on the internet for everyone to see. This is because all to often pictures, status updates and videos are used against clients in trials. In our family law practice, divorce evidence derived from social media is becoming commonplace. What people don’t realize is that seemingly harmless party photos and location-based status updates can jeopardize a person’s divorce settlement, resulting in the loss of child custody, parenting time or even alimony.  The following advice applies to Facebook, Twitter, Pinterest, Google+, Linkedin and even dating websites. Not surprisingly there have been numerous articles published on this topic. One of which can be found on The Huffington Post and is titled, “Don’t Let Social Media Sabotage Your Divorce.” The author of this article, Attorney Bari Zell Weinberger, Esq., lists three important steps that a divorcing party should take in order to avoid self sabotage. 1. “Think before you post.” Don’t post any pictures or comments that you know could come back to haunt you as evidence at a trial. Even if your posts are not used as evidence at trial, comments you make can often be used to anticipate your next move in court. 2. “Keep your social networking circles separate from your ex’s.” Keep your ex and his/her friends off of your personal site. You don’t want your ex or his/her friends to have the ability to gather any evidence that can be used against you.  This includes mutual friends who often just can’t keep their mouth shut!  Also, don’t “friend” anyone you don’t know.  We once had an ex make a phony Facebook profile and our careless client accepted the friend request not knowing who it was. 3. “Don’t reveal your location.” If you’re not where you are supposed to be do not announce to the internet world where you actually are at all times. social media divorceEven if you follow all of the above precautions, remember, a judge could order you to provide all the information on your site to your ex.  That’s right, parties in a divorce get to exchange information, even private information, if it is relevant to the case.  Some judges are ordering that information and post on social media sites be provided to the other side. On the other hand, we tell our clients to check often the sites of their ex’s and friends.  Very often this leads to useful information which can dramatically change outcome of the case. Should you live in the Pittsburgh area and are contemplating divorce contact us today.  A Pittsburgh Divorce Attorney can assist you with tailoring your personal social media sites to insure they cannot potentially harm your case..

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5 Tips for Keeping the Peace When Sharing Custody of the Kids. After a Divorce http://www.tabanolaw.com/2013/05/02/5-tips-for-keeping-the-peace-when-sharing-custody-of-the-kids-after-a-divorce/ http://www.tabanolaw.com/2013/05/02/5-tips-for-keeping-the-peace-when-sharing-custody-of-the-kids-after-a-divorce/#comments Thu, 02 May 2013 17:04:41 +0000 http://www.tabanolaw.com/?p=1093 Divorce is tough on everyone, but children often pay the highest price when the fighting and anger continue even after the adults have gone their separate ways.Here are five tips for keeping the peace with your ex when sharing custody, for the children’s sake: 1. Don’t sweat the small

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custodyDivorce is tough on everyone, but children often pay the highest price when the fighting and anger continue even after the adults have gone their separate ways.Here are five tips for keeping the peace with your ex when sharing custody, for the children’s sake:

1. Don’t sweat the small stuff:

“If both parents can develop a level of trust in each other (admittedly a very difficult thing to do in the face of a divorce or the end of a relationship), then they can reduce resentments by having less inclination to micromanage what takes place in each other’s home. There is a difference between bad parenting and just different parenting styles. Differing parenting styles are not necessarily bad, but the more that parents can collaborate to create consistency between the parenting styles in their separate homes without imposing rigid requirements on each other, the less likely the children will view one home as ‘better’ or ‘more fun’ than the other.”

2. Remember the basics:

“The most important factor to consider in your custody schedule is your child’s best interests. The court is primarily concerned that your schedule provides the stability and security your child needs. Although we often think of parental visitation in terms of rights, visitation is also a parental obligation. As such, parental availability must be maximized when establishing your custody schedule.”

3. Let technology be your friend:

“Precedents are growing throughout the country for the inclusion or allowance of virtual visitation in a parenting plan… Technology is a boon to families who are not nearby and a skilled divorce lawyer can help you to arrange for virtual visitation. Email, texting, instant messaging and web cameras on phones or computers can strengthen the bond between parents and children.”

4. Don’t leave anyone out:

“Be sure that both of you have contacted the schools, coaches, doctors and anyone else who has contact with the kids on a regular basis, so that all of those folks have both parents’ contact information and know to call or email both of you. This saves one parent from feeling left out and one parent being put unfairly in an ‘assistant’ position. The information about activities, doctor’s appointments, etc. can all go into that mutual Internet calendar so all can see.”

5. Talk to your kids about what’s going on:

“Be prepared to have many conversations with your children about the divorce – they should be given many opportunities to communicate their thoughts and feelings, none of which should be dismissed. Read books about divorce to young children and encourage young children and teenagers to express themselves through art and music.”

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Big changes for the rights of active duty military http://www.tabanolaw.com/2012/04/27/big-changes-for-the-rights-of-active-duty-military/ http://www.tabanolaw.com/2012/04/27/big-changes-for-the-rights-of-active-duty-military/#comments Fri, 27 Apr 2012 15:45:02 +0000 http://www.tabanolaw.com/?p=941 The Servicemember’s Civil Relief Act (SCRA) expanded and improved the former Soldiers’ and Sailors’ Civil Relief Act (SSCRA). The SCRA provides a wide range of protections for individuals entering, called to active duty in the military, or deployed servicemembers. It is intended to postpone or suspend certain civil obligations to enable

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militaryThe Servicemember’s Civil Relief Act (SCRA) expanded and improved the former Soldiers’ and Sailors’ Civil Relief Act (SSCRA). The SCRA provides a wide range of protections for individuals entering, called to active duty in the military, or deployed servicemembers. It is intended to postpone or suspend certain civil obligations to enable service members to devote full attention to duty and relieve stress on the family members of those deployed servicemembers. A few examples of such obligations you may be protected against are:

Read More:  http://www.military.com/benefits/content/military-legal-matters/scra/servicemembers-civil-relief-act-overview.html

 

 

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Tips On How To Increase Your Odds Of Staying Married The Second Time http://www.tabanolaw.com/2012/04/18/tips-on-how-to-increase-your-odds-of-staying-married-the-second-time/ http://www.tabanolaw.com/2012/04/18/tips-on-how-to-increase-your-odds-of-staying-married-the-second-time/#comments Wed, 18 Apr 2012 22:29:55 +0000 http://www.tabanolaw.com/?p=870 I believe it is possible to lower the higher divorce rate for second marriages. Before entering into another relationship, you must be willing to take the time for your own personal development and learn healthy relationship skills that will move your life forward after the first divorce. Read More: 

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paternityI believe it is possible to lower the higher divorce rate for second marriages. Before entering into another relationship, you must be willing to take the time for your own personal development and learn healthy relationship skills that will move your life forward after the first divorce.

Read More:  click here

 

 


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Real Estate Questions for Divorcing Couples http://www.tabanolaw.com/2012/04/06/real-estate-questions-for-divorcing-couples/ http://www.tabanolaw.com/2012/04/06/real-estate-questions-for-divorcing-couples/#comments Fri, 06 Apr 2012 19:30:19 +0000 http://www.tabanolaw.com/?p=723 The depressed real estate housing market is magnifying that tension. “In an average divorce, the biggest asset is the home,” says Evan Sussman, a divorce attorney in Beverly Hills, Calif. “People have lost value on their homes, and they are unable to sell. The equity they had in the

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The depressed real estate housing market is magnifying that tension. “In an average divorce, the biggest asset is the home,” says Evan Sussman, a divorce attorney in Beverly Hills, Calif. “People have lost value on their homes, and they are unable to sell. The equity they had in the home is down.”

In fact, nearly 40% of couples considering a divorce have postponed plans to split because of the economy, according to a recent survey of more than 1,000 couples by the National Marriage Project at the University of Virginia. The study also found that 12% of couples have had trouble paying a mortgage or experienced foreclosure.

Couples who are moving forward with a divorce this year in spite of market obstacles face tough choices: Keep the house and wait to sell until the market is better? Live together in the meantime? Sell now no matter what? When it comes to the house, arriving at a fair solution requires balancing financial decisions and weighing emotional pros and cons.

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We linked our MerchantCircle a… http://www.tabanolaw.com/2012/04/01/we-linked-our-merchantcircle-a/ http://www.tabanolaw.com/2012/04/01/we-linked-our-merchantcircle-a/#comments Sun, 01 Apr 2012 21:38:07 +0000 http://www.tabanolaw.com/2012/04/01/we-linked-our-merchantcircle-a/ We linked our MerchantCircle and Twitter accounts; http://t.co/yWpBaGpL Please rate this

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We linked our MerchantCircle and Twitter accounts; http://t.co/yWpBaGpL


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Second And Third Marriages Are Failing at an Alarming Rate http://www.tabanolaw.com/2012/04/01/second-and-third-marriages-are/ http://www.tabanolaw.com/2012/04/01/second-and-third-marriages-are/#comments Sun, 01 Apr 2012 04:01:16 +0000 http://www.tabanolaw.com/2012/04/01/second-and-third-marriages-are/ “Those who do not learn from history are doomed to repeat it.” George Santayana Santayana’s warning could apply equally to personal history, like a divorce. Yet despite this, past statistics have shown that in the U.S., 50 percent of first marriages, 67 percent of second, and 73 percent of

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“Those who do not learn from history are doomed to repeat it.” George Santayana

Santayana’s warning could apply equally to personal history, like a divorce. Yet despite this, past statistics have shown that in the U.S., 50 percent of first marriages, 67 percent of second, and 73 percent of third marriages end in divorce. What are the reasons for this progressive increase in divorce rates?

Second And Third Marriages Are Failing At An Alarming Rate http://t.co/arxmNB0S via @HuffingtonPost

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Move-in before marriage http://www.tabanolaw.com/2012/03/26/move-in-before-marriage-no-lon/ http://www.tabanolaw.com/2012/03/26/move-in-before-marriage-no-lon/#comments Mon, 26 Mar 2012 05:40:44 +0000 http://www.tabanolaw.com/2012/03/26/move-in-before-marriage-no-lon/ Nearly half of first marriages break up within 20 years, a new government study finds. With those odds, you might wonder: Would we be better off living together first? The new research, part of a marriage survey of 22,000 men and women, suggests times have changed from the days

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Nearly half of first marriages break up within 20 years, a new government study finds. With those odds, you might wonder: Would we be better off living together first?

The new research, part of a marriage survey of 22,000 men and women, suggests times have changed from the days when living together signaled poor chances for a successful marriage later.

“It’s not playing as big a role in predicting divorce as it used to,” said Casey Copen, lead author of the study.

Living together before marriage has been a long-growing trend. In the late 1960s, only about 10 percent of U.S. couples moved in together first, and they ended up with higher divorce rates.

Today, about 60 percent of couples live together before they first marry.

Move-in before marriage no longer predicts divorce http://t.co/3WpQL3xI

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Pennsylvania Family Law Blog http://www.tabanolaw.com/2012/03/01/welcome/ http://www.tabanolaw.com/2012/03/01/welcome/#comments Thu, 01 Mar 2012 00:00:54 +0000 http://www.tabanolaw.com/?p=81 We established this blog to share stories and information about topics relevant to Pennsylvania family law and our practice. Our intent is to highlight local stories, as well as national subject matter, that we think you will find interesting. We will regularly update this blog and encourage you to

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lawWe established this blog to share stories and information about topics relevant to Pennsylvania family law and our practice. Our intent is to highlight local stories, as well as national subject matter, that we think you will find interesting. We will regularly update this blog and encourage you to share your thoughts on these posts.

 


 

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