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#26
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#28
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#29
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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
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#30
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Ooopss, sorry.
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#31
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he would have to support you for life if you divorce him
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#32
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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 |
#33
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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.
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#34
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[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. |
#35
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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?
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#36
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[QUOTE=Tart Cherry Jam;7357730]
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. 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 |
#38
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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. |
#39
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Marriage is over and you need to get out, sounds like.
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#40
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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.
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#41
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This really should be a cautionary tale of danger letting other person run your life and being so fully dependent on someone, especially someone shady and secretive. |
#42
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This is what H&R Block, which is a fairly authoritative source, says about it: Married Filing Separately might benefit you if you have to use the Alternative Minimum Tax (AMT) on a joint return (Only true if only one spouse is liable on a separate return) because the spouse with the lower income can qualify for tax deductions only by filing a separate return. None of these circumstances applied to Jesyka and her husband. |
#43
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#44
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On paper returns (those I still remember), yes, both spouses must sign. |
#45
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#46
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Now is really the time to find out what has been going on. Jesyka does not need the husband's signature to find out. This is what the IRS website says: Copies of jointly filed tax returns may be furnished to either spouse. Only one signature is required. Sign Form 4506 exactly as your name appeared on the original return. And this is the form: https://www.irs.gov/pub/irs-pdf/f4506.pdf @jesyka do you know your husband's social security number? On line 5 of the form, I suggest you put someone else's address so that your husband would not interfere with your mail. Do you have someone who can receive the mail from the IRS for you, give you the mailings, and not tell your husband? |
![]() jesyka
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#47
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#48
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I thought somewhere, on one of these threads, I saw Jesyka say that she had nothing to do at all with the IRS submissions. But I won't be able to find it. I might have been mistaken.
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#49
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#50
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