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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 37085
Experience:  30 years as a family law lawyer .
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I sent you an earlier message asking what or if divorced

Customer Question

I sent you an earlier message asking what or if divorced spouse of 26 yr has any benefits
Submitted: 13 days ago.
Category: Family Law
Expert:  RayAnswers replied 13 days ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 13 days ago.

You are entitled here to the higher of your benefits based on your work or survivor benefits, the amount the deceased spouse would have drawn.You get the higher of the two not both.You can contact local social security office to make sure you are getting the higher benefits.

You might also qualify for medicaid and food stamps as well.

Expert:  RayAnswers replied 13 days ago.

If you can give me your state I will get you information on food stamps and medicaid as well.

Expert:  RayAnswers replied 13 days ago.

Survivor benefits

https://www.ssa.gov/planners/survivors/onyourown2.html

I appreciate the chance to help you today.Please follow up here be happy to get you more once I get your state.

Customer: replied 13 days ago.
My x husband is not deceased
Expert:  RayAnswers replied 13 days ago.

Whats state are you in here, and was the pension or benefits acquired during the marriage?

Expert:  RayAnswers replied 13 days ago.

And yes you have rights here in a divorce to half the marital property including 401k and pensions and spousal support as well.

Customer: replied 13 days ago.
Alabama
Expert:  RayAnswers replied 13 days ago.

Alabama is an equitable distribution state. Equitable does not mean equal, or even half, but rather what the Circuit Court considers fair.

The court divides the marital property based upon the facts and circumstances of each individual case. The trial court judge enjoys great latitude when dividing and distributing marital property.

In dividing the property, the court first categorizes property as marital or separate assets, assigns a monetary value for each piece of property, and then distributes the property between the spouses.

Expert:  RayAnswers replied 13 days ago.

According to the Code of Alabama, Title 30, in dividing property, Alabama judges consider:

  • the length of the marriage
  • any prior marriage of either party
  • the age, health, station, income, vocational skills, employability, estates, liabilities and needs of each party
  • the contribution by one party to the education, training or increased earning power of the other party
  • the opportunity of the parties to acquire future income and assets
  • sources of income, including medical, retirement, insurance or other benefits
  • the services of each party as a parent, wage earner or homemaker
  • the value of the property set apart to each party
  • the standard of living the parties established during the marriage
  • the tax consequences of the distribution
  • with whom the children will reside the majority of the time

However, Alabama is one of eight jurisdictions that include separate property in the marital estate “providing the court finds a special showing of need by the non-titled spouse.”

Expert:  RayAnswers replied 13 days ago.

Lawyer referral to protect your rights.

Alabama State Bar Lawyer Referral Service  

Attorney Referral Service

Address:***** Montgomery, AL 36104

Phone:(###) ###-####/p>

Expert:  RayAnswers replied 13 days ago.

I hope you will consider a lawyer if you are interested in a divorce and your marital property rights here in Alabama.

Thanks again if you can positive rate it is always much appreciated.

Customer: replied 13 days ago.
My husband is not deceased I am mainly interested in trip care and post privileges
Expert:  RayAnswers replied 13 days ago.

As long as you are married you have TRI care and post privileges.If you divorce here you loose those.

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