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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9996
Experience:  Experienced Family Law Attorney
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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: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year 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:

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  • 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 1 year 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.

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