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Social security DisabilityA husband supoorts a wife while she waits for a SS disability settlement. Considerable debt rises. A lump sum settlement arrives, a long with a lump sum benefit for the couples child. The wife places ALL the money in an account with her name and completely restricts the husbands access to the funds. What legal standing does the husband have to gain access? Attorney answers (1)
Reputation Level 14
Answered almost 3 years ago.
Social Security Lawyers in Springfield, IL.
The husband should consult an experienced divorce attorney. It will depend on how the state interprets whether this is a "marital asset" or not. Please be aware though that a court can consider that the social security benefits were for the wifes disabilit and that she will likely never be able to work again. In that case, the court could consider that all of the SSA benefits are marital, but award them to the wife in a divorce.
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