Legal Question in Family Law in Missouri

My husband is retired age 62. He receives social security and a pension. I am trying to get disability and have finally got a court date. I am only 47 and still have a 15 year old male still at home. Because of this, my son and I both are receiving social security off of my husband. We just bought a house 2 years ago, have a car in both our names, a van in his name only, and numerous debts with credit cards,(which he said he doesn't have to pay, now that he is retired). I am having problems with him baggering my son and most recently, kicked him out of the house while I was out of town. I very likely am looking at filing a divorce but need to know about my options of keeping any of the money from his retirement and pension. If he dies, I am set up on his pension to receive a monthly some the rest of my life. Can or am I entitled to any of his money to raise my son and stay in the house without having to buy him out or sell? Please let me know as soon as possible. I know it is alot to answer, but I'm out of town and thought any initial contact with a lawyer might still be free. I just want to have some info before I get home and confront my husband with all of this.

Thank you so very much!

Lori Lawson


Asked on 3/15/10, 4:11 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

You may have a marital interest in your husband's retirement or pension plan, and that can be worked out in any dissolution of marriage proceedings. Your question about the house is not so easy to answer. In your situation you should make an appointment and consult with an attorney as soon as you are able to do so upon your return to town and before cnfronting your husband.

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Answered on 3/21/10, 8:58 pm


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