how do i find a divorce attorney if i am on ssi and my spouse and i have assets?

by Miss Elena Rodriguez IV 5 min read

Your current income, asset, real estate asset and debt are information that will ensure your free divorce lawyer. If the court finds that you are really unable to hire a lawyer at high price according to your financial status the court will find a lawyer who can work for you voluntarily. File For Fee Waiver

Full Answer

What happens to my SSDI benefits after a divorce?

I Need A Divorce Lawyer And Have No Money. Divorce is not simple issue to resolve because there are strict legal bindings. The reality is really unfavorable because you are going to cut off the relation of the married life through divorce. As it is a legal process, you need to hire a divorce lawyer who can help you settle this issue.

Can my ex-spouse get my social security if we divorce?

Sep 02, 2016 · A disabled spouse may be entitled to additional spousal support or alimony in a divorce. The rules governing alimony vary from state to state. Generally, a court will award alimony if one spouse has a substantial financial need and the other spouse has the ability to pay support. In making a decision about alimony, a judge will consider factors ...

How to find a free divorce lawyer?

May 13, 2019 · Talk with a Boston divorce attorney about the level of care and support you provide and how to address this moving forward through a separation and divorce. You May be Required to Pay Spousal Support If your spouse has a disability that makes them unable to work, or means they have a lower earning potential than you, then your spouse may have a ...

Is SSDI considered marital property in a divorce?

Jul 10, 2021 · My exhusband concealed marital assets consisting of retirement, pension plans, checking/savings accounts, stocks, etc. He actually paid an attorney $20,000 & a tax accountant/lawyer to advise him how to hide assets. I was about to reopen my divorce to get 1/2 of the marital assets when he died on Sept 14, 2021.

How does divorce affect SSI?

If you get divorced, your spouse's income is no longer a factor and your award amount will have to be recalculated. Typically, this will cause your SSI payments to increase. If, however, you are awarded alimony or spousal support, these payments will count as income.Dec 11, 2013

Can you get a divorce without the other person signing the papers?

Applying for a divorce can be a difficult decision to make, especially if you're not sure your partner will sign your petition. Crucially though, you don't need your partner's consent to get a divorce. Although it may be a long process if your partner doesn't comply, they won't be able to stop you indefinitely.Feb 2, 2022

Can my wife get my Social Security disability if we divorce?

Benefits For Your Divorced Spouse If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if: Your marriage lasted 10 years or longer. Your ex-spouse is unmarried. ... You are entitled to Social Security retirement or disability benefits.

Can you get SSI and alimony at the same time?

SSI benefits for receiver of alimony will count as income for determining alimony payment. Alimony payments will count as income when Social Security office calculates SSI payment. Contribution based, but also needs as must be disabled. Courts will consider SSDI for determining alimony received and paid.

Can a wife get a divorce without her husband's agreement?

Overview: It is not necessary that both the spouses have to agree to file for a divorce. One of them may file for a divorce without the others' consent if they are sure that they have strong grounds for breakdown of the marriage.

Can I get a divorce without my spouse knowing?

Now, though, it's possible to file for divorce even when you don't know where your spouse is. The only catch is that you can't get a divorce without at least attempting to formally notify your spouse about the proceedings.

Can I collect on my ex husband's Social Security if I am disabled?

Your ex-spouse is entitled to Social Security retirement or disability benefits. If your ex-spouse hasn't applied for benefits, but can qualify for them and is age 62 or older, you can receive benefits on his or her work record if you've been divorced for at least two years.

What percent of Social Security does a divorced spouse get?

50 percentThe most you can collect in divorced-spouse benefits is 50 percent of your former mate's primary insurance amount — the monthly payment he or she is entitled to at full retirement age, which is 66 and 4 months for people born in 1956 and is rising incrementally to 67 over the next several years.3 days ago

Can I collect my ex husband's Social Security and my own?

If you have since remarried, you can't collect benefits on your former spouse's record unless your later marriage ended by annulment, divorce, or death. Also, if you're entitled to benefits on your own record, your benefit amount must be less than you would receive based on your ex-spouse's work.Feb 15, 2018

How is alimony determined?

As noted, alimony is generally based largely on what each of the divorcing spouses "reasonably earn." That means that if a person is deliberately working at a job that pays less than what he or she could earn, the courts will sometimes figure the alimony amount based on a higher figure, in what is referred to as ...

How does Social Security spousal benefits work?

The spousal benefit can be as much as half of the worker's "primary insurance amount," depending on the spouse's age at retirement. If the spouse begins receiving benefits before "normal (or full) retirement age," the spouse will receive a reduced benefit.

How are Social Security spousal benefits calculated?

You can claim spousal benefits as early as age 62, but you won't receive as much as if you wait until your own full retirement age. For example, if your full retirement age is 67 and you choose to claim spousal benefits at 62, you'd receive a benefit that's equal to 32.5% of your spouse's full benefit amount.

Question of Capacity

  • Given longer lifespans, the issue of cognitive capacity is likely to become increasingly prevalent in divorce cases, raising issues regarding the ability to participate in proceedings. State laws vary greatly with regard to the right to initiate proceedings. While some jurisdictions will not allow an individual lacking capacity to file for divorce, others will permit it if a guardian/conservator can d…
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Additional Supports

  • In the case of an amicable divorce, it’s not unusual for an ex-spouse to continue playing a supportive role in the life of an individual with disabilities, especially if there are minor children from the marriage. Still, a person with special needs may require an array of new services, depending on the ex-spouse’s previous level of involvement. Other family members may be able …
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Special Needs Trusts

  • Given the changing economic status of an individual with disabilities who undertakes a divorce, eligibility for needs-based government benefits may become more important than ever. If a first party SNT does not already exist, a court-ordered SNT should be created to hold that individual’s share of divided marital assets and to receive any required alimony payments. In order to compl…
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Effect on Government Benefits

  • There are often questions about the effect of divorce on one’s government benefits and whether funds received through public programs must be shared with an ex-spouse. Here’s an overview:
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Must Benefits Be Divided?

  • States differ in their approach to dividing marital property. Some states allocate property on a 50:50 basis, while others follow the principle of “equitable division,” through which the court determines a “fair” distribution. Although SSDI benefits generally aren’t considered marital property, depositing such funds into a joint account might result in a 50:50 division in a state wit…
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Estate Recovery

  • If eligibility for Medicaid was established through “spousal refusal” (an individual refuses to use his/her assets to support an institutionalized partner), upon the death of the person receiving services, the state may seek remuneration from an ex-spouse for expenses incurred during the marriage. Individuals with disabilities who are considering divorce should educate themselves a…
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