Are The Provisions In My Divorce Decree Legal?

Feb 7 2017 - 6:15am

On my final decree said that I will have to take ss at 62 so my ex husband can
reduce that amount of the alimony. We went to court for this and the judge
dismiss it. My attorney he is in family law since 1966 and he said he never
saw that on any divorce. Do you think this is a unconstitutional or illegal? If my ex died
at 63, I would end up with a little ss check.
Thanks
PIlar

Hi Pilar,

I don't know if it's legal or not, but the divorce decree does not legally bind you to file for Social Security benefits at age 62. Social Security is a federal program, and it's regulations cannot be amended by a court order.

That said, I suppose that if you choose not to file for Social Security benefits at age 62, your ex-husband could still reduce your alimony if that's what you agreed to in the divorce decree. I'm not a lawyer, though, so I don't know if that's enforceable.

Best, Jerry