Friday, August 26, 2011

SHOULD I DIVORCE MY HUSBAND WHO LEFT ME 30 YEARS AGO?

QUESTION: I was married over 30 years ago. One day, my husband left to get lunch and never returned. He implied to me that he filed a divorce. Over 30 years later, I discovered that we are still married and he has another wife. I contacted his sister but she will not give me his home number. I checked public records and found no divorce decree. What are my rights as his wife?

MY RESPONSE:

If you are still married, your husband’s subsequent marriage is void.

You are entitled to derivative Social Security benefits based on his contributions into Social Security during the marriage. You are also entitled to certain rights as his wife, upon his death.

You are entitled to divorce him if you wish - which you might consider, since you need to file your income tax returns as married, filing separately (the highest marginal tax bracket) while you remain married to him.

On the other hand, iif you have little or no income, and if your husband is still earning a living, you might consider increasing the amount of your derivative Social Security benefits, as well as getting death benefits, by leaving the sleeping dog lie.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

No comments: