How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lawrence D. Gorin Your Own Question
Lawrence D. Gorin
Lawrence D. Gorin, Family Law Attorney
Category: Family Law
Satisfied Customers: 1544
Experience:  30+ years family law experience. QDROs, UIFSA, UCCJEA expertise.
8848811
Type Your Family Law Question Here...
Lawrence D. Gorin is online now
A new question is answered every 9 seconds

My wife received a death benefit from Social Security in a

Resolved Question:

My wife received a death benefit from Social Security in a lump sum. We were both unemployed and used that money to pay bills. She has now asked for a divorce and says legally in the state of alabama i have to pay her the money back after the divorce. She says because it was her inheritance. Is this true?
Submitted: 7 years ago.
Category: Family Law
Expert:  Lawrence D. Gorin replied 7 years ago.
YOUR QUESTION:
     My wife received a death benefit from Social Security in a lump sum. We were both unemployed and used that money to pay bills. She has now asked for a divorce and says legally in the state of alabama i have to pay her the money back after the divorce. She says because it was her inheritance. Is this true? Does she have legal rights after the fact and the money is gone in this state?

ANSWER:
     No, you are not legally obligated to pay her the money back after the divorce. In fact, you are not legally obligated to pay her the money back before or during the divorce.

     The Social Security benefit she received was not an inheritance. Social Security is basically a federally operated insurance company that provide life and disability insurance benefits as well as retirement benefits. So you wife is incorrect is saying the Social Security money was an inheritance.

     Next, rather than keeping the money segregated and in her own name, she commingled with the common financial affairs of the family, thus causing it to lose its characterization as her separate property. Once she did that, she cannot go back and now claim that you owe her the money back. That’s nonsense. And it is not the law of Alabama. Besides, the money has already been spent.

     Best advise is to confer with an Alabama lawyer if your wife continues to persist in making this claim.

================================
    If your question has been satisfactorily answered, please acknowledge by clicking the green “ACCEPT” button. Also, your FEEDBACK comments are requested and appreciated. And I thank you in advance.
Lawrence D. Gorin and 3 other Family Law Specialists are ready to help you

Related Family Law Questions