Legal Question in Disability Law in Pennsylvania

divorce & soc.sec

ok,49yr old married female(28)years.I worked part time til kids went to school. work 16 yrs as electrician. Got breast cancer, reconstruction which failed. am disfigured and I can nerer work again. :( Husband. is mentally and verbally neglectful. I have to divorce.My logical, plausible fair question is . Now i get ssi on the 3rd wed. of the month. i get 630.00 amonth. called S.S.I and even tho they consider me 49 (under) 62, but get all 62 yrs old benefits. I cannot recieve any of my husband S.S when i get divorced if not 62. I cannot live on 630 mntly. and paid enouigh taxes not go on welfare.I believe since S.S considers me a 49-62 yr old eligble for ss, I should be eliglble to recieve his s.s. now..He's is 50 yrs. I need whats coming to me now so i can survive..not when i am 62. , he's verbal and physically neglectful. Divorce is inevidable. There has got be soom loop hole to proctect disable women under 62 to recieve some of husbands benefits befoe he or i am 62. i have to be 62 to recieve spousal support from ss also..This not fair.disfigurement bings divorce. unable to work and survive. while their husbnd is uneffectd.Sme smart lawyer ought to be to taclke rhis. It can happen to any girl


Asked on 10/16/07, 2:44 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: divorce & soc.sec

You asked about supporting yourself after a divorce.

You need to speak with an attorney about potential spousal support on divorce.

Because of the length and circumstances of your marriage you will be eligible for alimony. You cannot touch his Social Security benefits until he retires, but you can seek an equitable portion of community assets and his earnings. It can be assumed that your work at home and raising children allowed him to earn greater income than if you hadn't.

The avenue to pursue is to attack his current earnings and your combined savings and forget about his social security for the time being.

Look for a local divorce attorney..

Regards,

Roger

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Answered on 10/16/07, 5:11 pm


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