Why does my husband constantly threaten to leave me & take my name off the account?

Thanks. So applyimg for disability is useless then?

Thanks. I have not worked long enough to qualify.

I never said it’s useless. I am just saying it’s not as simple and you need to talk to your doctor about it as they’d know if you are unable to work

Can you prove that you are unable to work? Not that you don’t like those jobs or don’t get along with bosses but literally unable to work? I don’t know

If you haven’t worked 10 years in your life, SSDI it out of the question buy SSI pays very little and you need to be very low to no income. From what you describe on here you aren’t low income at all because your husband provides for you.

Now if you divorce your husband and have no income then you might qualify for SSI. But you need to talk to your doctor if they think you have a chance. They know you better

My husband was approved for SSI disability the first time he applied. In his case, he had been laid off (pandemic) for about 4 months. He had worked full time his entire life until then. He had a well-documented serious medical condition that was no longer responding to medical intervention. He also was diagnosed with early onset dementia (which we are pretty certain was the clincher). He was unable to safely drive himself anymore. His income from SSI was actually about what he was bringing home from his job, which wasn’t a huge amount but we were happy with the amount in his case.

From my research during the process, they generally need well-documented diagnosis and a history of regular treatment. Usually they say you have to have been unable to work for a year. I think in my husband’s case, it was clear that his employer had made significant accommodations that were beyond what most employers would ever consider. And his medical conditions were highly debilitating. During the process, they discovered a doctor’s notation recommending assessment for memory loss that we hadn’t had the chance to pursue, and social security paid for having that assessment done during the process.

All I can recommend is that you go onto the website and look at the information. I was very unsure he would qualify because he had worked within the year, but my gut told me his medical history would trump the timeline which it did. You just don’t know until you try.

Quote:

My husband was approved for SSI disability

He probably got SSDI if he
had been working for a long time. SSDI is part of the withholding taxes that come out of the pay checks. SSI is for disabled people who have not met the work requirement.

SSDI is based on your income & is like taking early Social Security. SSI is totally different & pays much lower monthly benefits

If your husband worked his whole life full time, he qualified for SSDI. In addition he had ton of proof that he got to the point when he was unable to work anymore due to medical condition. He also was under regular medical supervision and treatment from medical professionals. I do not know if it’s even the same situation as OP’s

29 years

Thanks He has been working his whole life

I was responding to the other poster whose husband got disability after he became unable to work, but he worked his whole life. Your husband is not the one applying for disability

Ooopss, sorry.

he would have to support you for life if you divorce him

Not necessarily.

Judge determines how long the person needs to get on her feet and support herself. Judge also determines the amount.

My husband’s ex was awarded spousal support for 8 years. It was around 1k a month. Can’t really live on that. They’ve been married close to 30 years too and raised two kids.

I know people who never worked and got spousal support for 10 years, some 2 years, some 5. Amounts also vary.

Just because someone was married a long time and didn’t work it doesn’t mean they get to continue that after divorce indefinitely. They need help to get on their feet and that’s what spousal support is for.

It’s also not realistic to expect one person to support two households forever after divorce. Judge wouldn’t put people in that position. It’s not doable. Now of course if someone is a billionaire or a celebrity, it’s a different story

In California, 29 years is a very long time. It is substantially above 10 years which is the threshold after which a lower income spouse can hope for lifetime spousal support. And Jesyka cannot get on her feet. It is not realistic to expect that of a person her age and without a marketable skill set or education. She can bring a vocational specialist to testify that she cannot earn above minimal wage. At worst, what will be imputed to her is minimal wage income. Of course, if she can show that she is disabled, not even that. And she would need to pay for the services of a vocational expert witness, but that is what 2030 fees are for. Getting SSI, even peanuts, would be extremely helpful because then the issue of marketable skills and earning ability will be moot and she won't have to hire a vocational expert witness.

[QUOTE=divine1966;7357711]

My husband’s ex was awarded spousal support for 8 years. It was around 1k a month. Can’t really live on that. /QUOTE]

that is true, you cannot live on 1K. But 8 years in Jesyka's case will already be pushing the age of retirement, which would likely mean that it won't be ordered but lifetime spousal support will be ordered instead. There is no expectation that people should be working after age 65, even though many are and I certainly hope I will be.

All of this needs to be discussed with a family lawyer in San Jose area.

I realize that I had posted with ambiguity to which you responded @divine1966. I did not mean to say that @jesyka's husband would be ordered to maintain @jesyka such that her current standard of living does not fall. But in California with tenure of the marriage that long, with no skill set or education and the fact that Jesyka is not young, he will be ordered to pay some spousal support, likely for life. If it supplemented with SSI and some public benefits (I do not know if Jesyka will qualify for free but at least for discounted health insurance she is likely to qualify) and renting a room, not an apartment, maybe it is possible to live on that money. At present, Jesyka does not have health insurance because her husband is against doctors and having health insurance. It is scary to be in one's fifties without health insurance. And what about later years?

[QUOTE=Tart Cherry Jam;7357730]She will be able to draw from his social security when she reaches the age (if he paid taxes, she mentioned he owes astronomical sum to IRS)

. Social security age is 67 but people could draw starting at 62.

I know very many divorced people and everyone’s situation is very different. That’s why I’d be very careful telling anyone that their ex spouse will support them for life after divorce. We just do not know.

There are people who believe they’ll be rolling in dough in divorce but court system and reality will kick in and they won’t be rolling in anything. Heck even if judge awards ex spouse to fully support someone, things could happen to ex spouse: they could become quadriplegic tomorrow and sure will not be supporting anyone. And it depends what they make. If they make 40k, they can barely support themselves let alone exes.

Now she most certainly get something. Perhaps half of equity (she did say they are about to lose their house so perhaps there’s not much there), if he has retirement funds then half of those (if he has any), spousal support but again- no guarantee it will be a lot and for how long.

She needs to gather her info and see a lawyer because we just don’t know what she’ll get in divorce

Does he have retirement funds, @jesyka? Do you even know what he does or does not have?

I don’t know. He rarely tells me anything about finances. He’s a control freak with money.

I know that I can get half of what he has in social security when he retires. Other than that I only have access to the joint checking account but he keeps threatening to take my name off of it if I withdraw money from the account.

Marriage is over and you need to get out, sounds like.

Note that community property in California goes the other way, too: community debts are community debts. Even though you had no involvement in various debts your husband got into, such as the debts to the IRS, in divorce you will still be responsible for 1/2 of those debts.