Q: Separated, complex PTSD, spouse controlling my Social Security funds. Legal rights?
I am undergoing a divorce and suffer from complex PTSD. My only income is from Social Security mental disability benefits. My spouse verbally agreed to leave my automatic deposits and withdrawals intact and to remove their name from my bank account, but hasn't done so. They're using my Social Security funds without my consent and controlling my purchases. I don't have any written agreements and haven't contacted anyone yet about this issue. What are my legal rights regarding the control and use of my Social Security funds in this situation?
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A:
You have the legal right to directly control your Social Security disability payments, as these benefits are specifically intended for your care and support. Your spouse does not have any automatic entitlement to control or access these funds, especially without your explicit consent or a legal arrangement granting them that authority.
Because your spouse is currently controlling and using your Social Security funds without permission, you have the right to immediately notify your bank that the funds are being misused. Inform the Social Security Administration (SSA) about your situation so they can assist you in securing your benefits directly. The SSA can assign a representative payee, if necessary, to manage the funds strictly on your behalf.
Additionally, you have the right to seek help through family court by requesting temporary orders to protect your financial resources during the divorce process. You can petition the court to ensure your spouse cannot access or withdraw funds from your bank accounts moving forward. It would be wise to contact an attorney or legal advocate as soon as possible to ensure that your financial rights are properly protected.
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