Can an ex-wife draw social security while her ex-husband is paying alimony?

Asked on June 27, 2012 under Family Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

So long as there is a court order in effect where a former wife is to receive spousal support (alimony) from her former spouse, the former spouse can legally draw social security benefits as well as an additional source of income.

The spouse that is paying spousal support could file a petition to modify any spousal support he is making due to increased incime of his former spouse due to social security payments now being received by his former wife.


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