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I am considering marrying a man who has a few issues that are

 
Dimitry Esquire's Avatar
  • Answered by:Dimitry Esquire
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I am considering marrying a man who has a few issues that are of concern to him. 1)He is on SSDI, half of which is taken in past due child support. Can his ex-wife hold me responsible for that? 2) he has outstanding hospital bills of approx. $60,000. Also, can I be held responsible? and 3)Will I be eligible for his Social Security survivor benefits? He is terminally ill, and may not live more than a few months. I own my home outright, and we do not want to risk my assets.

 

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Country relating to Question: United States
State (if USA): Colorado

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Submitted: 284 days and 10 hours ago.
Category: Family Law
Value: $38
Status: CLOSED

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Expert:  Dimitry Esquire replied 284 days and 10 hours ago.

Thank you for your question. I will do my best to assist you with your concerns. If you would like me to clarify my answer, I will be happy to do so.

I would do my best to respond to each of your concerns directly.

1)He is on SSDI, half of which is taken in past due child support. Can his ex-wife hold me responsible for that?

Absolutely not. This is not your child, and is therefore not your debt. You cannot be held liable for a debt you never assumed as yours, and marrying him does not mean you assumed his debts that he had prior to marrying you.

2) he has outstanding hospital bills of approx. $60,000. Also, can I be held responsible? and

Those are debts prior to marriage to you. You are not liable for those debts. If he obtains new debts while married to you, then for those debts you may be held liable.

3)Will I be eligible for his Social Security survivor benefits? He is terminally ill, and may not live more than a few months. I own my home outright, and we do not want to risk my assets.

You would be eleigible for his benefits since you would be a spouse when he would pass away. I cannot tell you what amount you would be eligible for, but I can provide you the link below so you can evaluate your possible benefits for yourself:

http://www.ssa.gov/survivorplan/ifyou5.htm

Good luck!


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Dimitry Esquire41094.2533243403

Expert TypeAttorney
Category: Family Law
Pos. Feedback: 97.8 %
Accepts: 5269
Answered: 7/4/2012

Experience: I provide family and divorce law advice to my clients in my firm.

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Customer replied 283 days and 21 hours ago.

Thanks for the great info! I've been reading the Social Security site from the link you sent...Do you know if his first wife was married to him for 7 years, but they were together for 13, would she recieve his benefits instead, or as well as I... I've been wandering around this site since last night and don't seem to find what I'm looking for. Thanks again!

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Expert:  Dimitry Esquire replied 283 days and 21 hours ago.

Thank you for your follow-up, Michele. I will be most happy to respond.

It does not matter how long they have been together, what matters is how long they have been married. Therefore if they weren't married for 10 years, she is not entitled to his benefits. Even if she was, however, it would not in any way affect your own benefits that you would receive from your spouse.

Good luck.Dimitry Esquire41094.8017979977

 
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