Bigun or Lady in Red please help

[B. Hardison]

What is the name of your state? KY

My sister will probably be filing for divorce in the next few weeks. She and my brother-in-law have been married 19 years and live next door. He has had psychotic episodes in the past but Saturday he lost it. He was very violent and destroyed property.

He was admitted to the area psychiatric hospital Saturday afternoon. She cannot take any more. She is 55 years old, a diabetic suffers from peripheral neuropathy and multiple other conditions. She currently draws about 200.00 a month social security disability.

My question is, when she divorces him will she be entitled to any of his pension or social
security? She cannot get her own health insurance and will not be entitled to Medicare for
a year or so. Can he still be responsible for providing insurance for her?

You have given me wonderful advise in the past and any information you can give me will be greatly appreciated. Thank you.

 

[JETX]

when she divorces him will she be entitled to any of his pension or social security?

No one can answer that with an exact answer as it is entirely up to the court.

Can he still be responsible for providing insurance for her?

Same answer as above.

 

[LdiJ]

What is the name of your state? KY

My sister will probably be filing for divorce in the next few weeks. She and my brother-in-law have been married 19 years and live next door. He has had psychotic episodes in the past but Saturday he lost it. He was very violent and destroyed property.

He was admitted to the area psychiatric hospital Saturday afternoon. She cannot take any more. She is 55 years old, a diabetic suffers from peripheral neuropathy and multiple other conditions. She currently draws about 200.00 a month social security disability.

My question is, when she divorces him will she be entitled to any of his pension or social
security? She cannot get her own health insurance and will not be entitled to Medicare for
a year or so. Can he still be responsible for providing insurance for her?

You have given me wonderful advise in the past and any information you can give me will be greatly appreciated. Thank you.

And now, for some legally accurate answers. (just had to say that...LOL)

Since she has been married to him for more than 10 years, she will be entitled to draw SS retirement benefits based on his earnings, rather than her own, but not until she is of retirement age.

She may be able to draw a higher level of disability benefits however once they are divorced or separated, because again, she may be able to base it on his credits rather than her own. She needs to make an appointment with your local SSA office to discuss the issue. She also may be eligible for medicaid once separated or divorced, particularly since she is drawing disability.

She may be entitled to alimony/spousal support from him, however in this instance, due to his mental health, its not something that she should count on, even if the court awards it to her. She needs to explore all other avenues.

 

[Bali Hai]

And now, for some legally accurate answers. (just had to say that...LOL)

Since she has been married to him for more than 10 years, she will be entitled to draw SS retirement benefits based on his earnings, rather than her own, but not until she is of retirement age.
She may be able to draw a higher level of disability benefits however once they are divorced or separated, because again, she may be able to base it on his credits rather than her own. She needs to make an appointment with your local SSA office to discuss the issue. She also may be eligible for medicaid once separated or divorced, particularly since she is drawing disability.

She may be entitled to alimony/spousal support from him, however in this instance, due to his mental health, its not something that she should count on, even if the court awards it to her. She needs to explore all other avenues.

The appropriate word here is "awarded". Judge A might award alimony, and judge B might not. And both decisions would likely hold up on appeal since the discreationary power of a judge is as solid as if it were written statute.

She is "entitled" by federal law to half of any pension accrued during the marriage.

If a woman is married for ten years or more, (the rule applies equally to a man) she can collect derivative benefits after a divorce. The spouse from whom benefits are derived must be at least 62 years of age but does not have to be actually receiving benefits. The dependent spouse must be at least 62 years of age and unmarried. The sum paid to the dependent spouse is a percentage of the benefit due the primary beneficiary.

 

[B. Hardison]

Her husband is 56 yrs. old. He is currently drawing his retirement, ss disability as well as
workman's compensation. Does this change any of her options? Thank you again for all
your help.

 

[LdiJ]

Her husband is 56 yrs. old. He is currently drawing his retirement, ss disability as well as
workman's compensation. Does this change any of her options? Thank you again for all
your help.

Well, that means she won't be able to draw anything against his SS earnings history until he is at least 62.

She is going to need a good attorney. Most likely the best way for you to help her, is to help her with that.