NSC Pension and Spouse' SSDI forces Divorce?

[1989]

When a spouse is awarded SSDI and their Spouse has NSC Pension must they divorce to keep their $? What could be done to avoid divorce?

[seminoles]

SSDI is not income sensitive, SSI is as is VA Pension........I would weigh the pros and cons of divorcing and really what you are willing to lose.  If you divorce, there are other things to consider and I would consult a lawyer about every single scenario, death being the major one.  If you own property, etc. there are so many things to consider. 

[broncovet]

Its called the "marriage penalty" and it was supposed to "go away" a few years ago, but yours is a good example of that it has not completely "gone away".  

VA pension considers "household income" and not that of the Veteran alone.  I like to use the term "unfair", but my teenagers used to use that suggesting that I (the parents) are required to "right all wrongs", which we can not.  

The penalty on taxes has gone away somewhat, as couples can now choose whether to file seperately or a joint return.   

I dont suggest you get a divorce for financial reasons, even tho it may seem like staying married costs you money, things are not always as they first appear.  

1.  It may not cost you as much money as you think, remember a single person gets much less.  

2.  It MAY mean you are no longer eligible for earned income credit, but you have to check with your tax person on that.  EIC is a very big deal at tax time, if you have a family, are eligible for EIC.  

3.  There are many advantages in the estate for being married.  Most states have "survivorship" benefits, so which ever spouse survives immediately has access to the deceased spouse funds, without probate.  Its a very big deal and can amount to more money than you may save getting a divorce, assuming you divorce for financial reasons.  You need to check with an estate planner for your situation.  

     I can probably suggest its an even worse idea to "divorce for money" than it is to "get married for money"....if there is something worse.  If you love your wife, then think of some alternatives.   If you PM me, I can tell you about the alternative I used, which is way, way, better.  

[1989]

1 hour ago, broncovet said:

Its called the "marriage penalty" and it was supposed to "go away" a few years ago, but yours is a good example of that it has not completely "gone away".  

VA pension considers "household income" and not that of the Veteran alone.  I like to use the term "unfair", but my teenagers used to use that suggesting that I (the parents) are required to "right all wrongs", which we can not.  

The penalty on taxes has gone away somewhat, as couples can now choose whether to file seperately or a joint return.   

I dont suggest you get a divorce for financial reasons, even tho it may seem like staying married costs you money, things are not always as they first appear.  

1.  It may not cost you as much money as you think, remember a single person gets much less.  

2.  It MAY mean you are no longer eligible for earned income credit, but you have to check with your tax person on that.  EIC is a very big deal at tax time, if you have a family, are eligible for EIC.  

3.  There are many advantages in the estate for being married.  Most states have "survivorship" benefits, so which ever spouse survives immediately has access to the deceased spouse funds, without probate.  Its a very big deal and can amount to more money than you may save getting a divorce, assuming you divorce for financial reasons.  You need to check with an estate planner for your situation.  

     I can probably suggest its an even worse idea to "divorce for money" than it is to "get married for money"....if there is something worse.  If you love your wife, then think of some alternatives.   If you PM me, I can tell you about the alternative I used, which is way, way, better.  

ive sent you a pm

[broncovet]

I responded to your PM.