Legal Question in Family Law in Florida

I feel I am in an impossible marital situation. We have a reverse mortgage (I am 68; he is 74) so I am tied to this house. My income is only my social security of 1440 a month; his is 871. This is all we have to live on. I have about 50,000 in an IRA from my last employment. It is in Fidelity in a money market and income funds in my name. I am not drawing from it yet. If I leave, do I have to give him some of my own social security and the money I saved in the IRA? I am trapped in this marriage as it is very difficult.


Asked on 1/15/13, 9:42 am

3 Answers from Attorneys

Gregory Buckley Gregory T. Buckley, Attorney at Law

Assuming that the reirement funds were accued during the marriage, he would be entitled to one=half of those.

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Answered on 1/15/13, 9:49 am
John Smitten Carey and Leisure

If the IRA was aquired during the marriage he gets half. Contact my office for free consultation 727-446-7659.

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Answered on 1/15/13, 10:31 am
Elliot Goldstein Law Offices of Elliot Jay Goldstein

I agree with Mr. Buckley's answer.

Depending upon the length of your marriage, the court may award him alimony, however as both of your incomes are so relatively low, that is by no means a sure thing. Additionally, if you have been married long enough, once divorced, he might be able to collect Social Security based upon your contributions, which should not affect your Social Security. This might increase his income, and lessen your potential exposure to alimony.

If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.

The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

Contact me to schedule a no obligation office consultation. While telephone calls, and email responses, are encouraged, please do not send text messages.

Sincerely, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

1587 Main St., Ste. C

Dunedin, FL 34698

Tele. No.: 727/455-6596

Law Offices of Elliot Jay Goldstein, P.A.

550 N. Reo St. Ste. 300

Tampa, FL 33609

Tele. No.: 813/810-1500

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Answered on 1/15/13, 10:33 am


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