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My pension and social security are over $6,000 a month and…

My pension and social...

My pension and social security are over $6,000 a month and wife gives me $40.00 a week. We have to mortgage.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Florida

Lawyer's Assistant: What steps have you taken so far?

None. She is an accountant and controls all finances. I am in the Florida Pension Plan and I named her as my beneficiary.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm tired of living like i am in poverty.

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Answered in 8 minutes by:
4/24/2018
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

There aren't any laws regarding how spouses must spend their money during a marriage. A judge could only order your wife to give you more money in the event of a divorce. If you're prepared to file for divorce, that is one option. You could also try discussing your concerns with your wife or asking her to go to counseling with you to find a solution.

With that said, you are also not required to deposit your checks into a joint account with her name on it. You could open an account in your name only and have some or all your checks directly deposited into that account instead. That would give you the ability to decide what you want to spend, how much to give her, and how much to keep for yourself.

A beneficiary designation only comes into play when you pass away. You would need her consent to remove her name as beneficiary, because she's your spouse. But that doesn't obligate you to allow her to control the money during your lifetime.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified
Lucy, Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 3 months ago
Ok thank you. I will try that.

You're welcome!

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Customer reply replied 3 months ago
Thank you so much for your advice. My problem was immediately solved. You gave me everything I needed. My life is back on track thanks to you.

You're very welcome. Thanks for the update!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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