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 LegalGems Your Own Question
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7451
Experience:  Experienced Family Law Attorney
63726236
Type Your Family Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

I want a divorce from my husband he is in a nursing home or

Customer Question

I want a divorce from my husband he is in a nursing home or should I say a home for men. I have been married to him for 50 years Would like to have a few years to enjoy my life before it's over. Would I get any money or support from him from his pension or Social Security? He has done things and I should have divorced him a long time ago he cannot be trusted around women
Submitted: 10 months ago.
Category: Family Law
Expert:  LegalGems replied 10 months ago.

The Ohio Supreme Court has held that retirement benefits accumulated during marriage are marital assets and are to be "equitably" divided as part of a divorce since they basically represent deferred wages earned during the marriage that are being held for future distribution. “Equitable” division means a "fair" (not necessarily equal) division.

For social security benefits, a former spouse can receive benefits based on the spouse's record if:

I hope I've answered your question to your satisfaction. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask and I will get do my best-- If I have fully answered your question to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! Thank you; it's been a pleasure to assist you.

  • the marriage lasted 10 years or longer;

  • unmarried;

  • age 62 or older;

  • The benefit based on one's own work is less than the benefit he or she would receive based on the spouse's work; and

  • the employed spouse is entitled to Social Security retirement or disability benefits.

Expert:  LegalGems replied 10 months ago.

Additionally, the court can order that one spouse pay the other spouse's legal fees so that a divorce may be obtained. It is typically asked in the moving papers, and is most common when one spouse has the control of marital property.

Here is a link to locate an attorney:
http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm

Should you have further questions please post here to continue our dialogue. Otherwise,

kindly rate positively

as I am an individual contributor and rely on positive ratings to receive compensation for providing the requested information - this does not result in additional charges to the customer, but rather allows the site to credit my account a percentage to compensate me for my time.

THANK YOU!