Family Law Questions? Ask a Family Lawyer Online.
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.
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.
If you can give me your state I will get you information on food stamps and medicaid as well.
I appreciate the chance to help you today.Please follow up here be happy to get you more once I get your state.
Whats state are you in here, and was the pension or benefits acquired during the marriage?
And yes you have rights here in a divorce to half the marital property including 401k and pensions and spousal support as well.
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.
According to the Code of Alabama, Title 30, in dividing property, Alabama judges consider:
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.”
Lawyer referral to protect your rights.
Alabama State Bar Lawyer Referral Service
Attorney Referral Service
Address:***** Montgomery, AL 36104
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.
As long as you are married you have TRI care and post privileges.If you divorce here you loose those.