Q: Can my mother get her SS from her & soon to be ex husbands joint bank account?
Theyve been married for over 40 years, and has had an joint bank account. Since she started getting SS he has been putting it into that joint account. With a possible divorce brewing, we were wondering if she would be able to get her SS from him? plus possibly alimony (in TX) , and her 50 / 50? Hes the one who made her stop working over 20 yrs ago, saying he will support her.
A:
I recommend that she open a new bank account at a different bank in her sole name and notify SSA to send her SS payments to the new account.
If she lacks the ability to work and earn sufficient income to provide for her reasonable minimum needs, she may be able to get an award of spousal maintenance of up to as much as $5,000 per month for up to five years.
This is in addition to her "just and right" share of any community property accumulated during their marriage.
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