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truthfinder, Truth Finder
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Would we be better off financially if we got divorced I ...

Customer Question

Would we be better off financially if we got divorced? I am 57yrs old and make $100k/yr and my wife suffers from Bi-Polar and is on Social Security. By getting divorced can she get more social aid?
Submitted: 9 years ago.
Category: Legal
Expert:  truthfinder replied 9 years ago.

Is she on Social Security Disability or is she simply drawing off her Social Security Insurance? If she is on Disability it is not going to make a big difference if you are divorced or not. She can even work and keep her benefits up to a certain amount each month. You can go HERE and HERE to see what can affect her benefits and what can decrease the amount she receives.

She may be able to draw off of your benefits now and should you file for divorce.

Customer: replied 9 years ago.
Reply to truthfinder's Post: This is a larger question than just SS benefits. My wife is convinced from talking with other people that she would be better off if we were divorced for all kinds of different reasons, not just SS benefits, but income tax, and other aid. The big picture may be hard to make the decision. I think to answer this question will be difficult, I have not gone to a lawyer because of cost and I not sure who to see. I want to compensate you fairly but I don't feel the answer that you gave was helpful at all. Also why did microsoft flag your email as dangerous?
Expert:  truthfinder replied 9 years ago.

Not sure about why or how it was flagged, but it could have been considered SPAM with some filters.....

Anyway, I think it would best for you to discuss this with a local attorney (if you are low income it would best that you contact Legal Aid HERE & HERE; if they can't help you they will refer you to someone who can) if she is concerned about getting other aid such as county assistance with housing, state medical services, etc. as it could be both ways.

  1. She could qualify for more benefits as their would be less income, but the more benefits she qualifies for the more benefits she will lose as well
  2. Your income for both of you along with the bills like rent or a mortgage, utilities, etc. may qualify her for more benefits than if she were living alone with no income (the system is VERY particular and doesn't always make the best sense)

What I mean is that if she draws SSD or SSI she could be ineligible for Medicaid or state funded medial assistance, food stamps, and other benefits. However, if they base her benefits on solely what you bring in, she may be eligible for MORE state or local benefits. Also, if she were awarded property in the divorce that also could disqualify her for SSI and other state benefits.

Alone she would qualify for many programs, but then again, like I said, there will be some that will disqualify her from others. If you do decide to move forward with the divorce, she will need to relinquish all her rights to property, alimony, and lump sums of money if she wishes to get state funded benefits, but it is very unlikely that the judge will allow that to happen. You both need to certainly discuss this with an attorney and that way you can explain EVERYTHING related to this situation as I feel there is quite a lot that I am not aware of here. But should be get divorced, you will have to live apart or, yet again, it will disqualify her for many benefits if you are in the "same household" as they will count your assets together. I honestly feel that there is little advantage to her for the divorce as then she will also not be entitled to your assets in the event of your death or she, will yet again, lose her benefits......this is a very difficult situation for you I am sure...I will lift you up in prayer that you both can make a decision that will be the best for you both. Go HERE for more on your county's programs.

If I can further assist you please provide any additional information you have or ask further questions!