Saved SS&Pension in divorce

[thumpersfriend]

What is the name of your state? Michigan My mother is getting a divorce from my step father. She is 75 and he is 84. They married each other twice. This time they have been married 12 years. He had received about $2,200 a month in SS&Pension throughout these years, his only income. My mother made about $900 a month total, pension and SS. He insisted on paying 50/50 of bills but took about $1,200 a month of his leftover of this money and banked it. She had nothing left every month. He would not share it as a married couple and she finally is broke and has to live with us. She is divorcing him. He called her today and said he has an attorney and she is not entitled to anything because his $144,000 in savings was SS& Pension and the lawyer said she was not entitled. If it wasn't for her he never could have saved all that. Just wondered if this is true? Thanks

[nextwife]

I believe that IF the pension was money he earned outside of his marriage to her, then it may not be a marital asset, even if he "withdrew" some money from the pension account during the marriage. This divorce should ONLY deal with assets actually ACQUIRED during this marriage.

[thumpersfriend]

No, this was from a pension check and SS check he got every month since they were married. She knows she is not entitled to anything before the marriage but wouldn't this be a marital asset? Thanks for responding.

[nextwife]

And where did that pension and SS check COME from? From funds and credits accrued before this marriage? Or during THIS marriage?

Example, I entered my marriage with X dollars ALREADY saved into my retirement plans. Someday I will start pulling those funds out of MY accrued plans. The funds I stashed away, in both my SS earnings and my retirement account BEFORE The marriage are NOT marital assets. If I shift them from one account to another during retirement, that does not automatically mean I "earned" them during the marriage. The money would be there only BECAUSE I worked and saved, via my salary and savings, long before I retired.

Of course, I could be wrong, so she can feel free to see an attorney.

[thumpersfriend]

I guess what I am trying to say is that she was wrong in not having their money every month used like a normal couple would. AT least my husband and I pooled our money together, paid bills, had a savings account etc. He paid bills and anything left he put in a savings account for himself. Sad thing is, basically she paid half so he could play golf and drive a $30,000 car while she is driving a clunker. I tried to tell her to be more forceful but she was afraid of him. She thought at least she got most of her health insurance paid for. Personally I will be glad when she is rid of him. So he was able to save $144,000 because of her but you are saying she is entitled to nothing? People that age don't usually have regular jobs to pull in other income.

[nextwife]

Please, I did not say she is entitled to nothing. The assets and debts accrued during the marriage are marital property. I simply stated that I am not certain that PAYOUT of previously saved retirement funds would necessarilly be a MARITAL asset.

[thumpersfriend]

But their only assests were from social security and pensions which they both had before they were married, actually their only form of income I guess. I am only trying to understand this. He was an abusive man and is laughing at her right now because he says he owes her nothing now. It just doesn't seem right to me. Thanks for taking your time with me.