Legal Question in Family Law in Pennsylvania
financial obligations/divorce
My husband and I have been separated and living in different states for 5 years. It is not a legal separation. He has agreed to pay my mortgage. This means I can't persue a life, of course, and I am alone 100% of the time. He is 70 yrs. old and has heart disease and told me that when he dies, I will be entitled to a portion of his social security since we are still married. These are the two reasons I never pushed for divorce. He does not have any money other than his social security. Now he tells me he has built up a 20,000.00 debt. I understand that when he dies, I will be responsible for paying off his debt. I can barely afford to live NOW and once he is gone, I will have to pay my mortgage PLUS his 20,000.00 debt. What can I do to free myself of this financial obligation?
2 Answers from Attorneys
Re: financial obligations/divorce
Actually his estate is responsible for the debt not you, unless you're also named on the debt.
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{John}
Re: financial obligations/divorce
You asked about financial obligations when a spouse dies.
There may be a few twist, but unless you also are named on the debt it would be pretty easy to avoid the debt upon the husband's death should he pre-decease his wife.
The decedent's estate would generally be responsible for the debt. So if the decedent left any assets they could be liquidated to pay the debt during probate.
You should speak with an attorney about this matter to make sure you are protected.
As to Social Security, if I recall correctly the spouse of a decedent can collect Social Security based on their own income or on the spouse's income when the spouse passes, whichever is higher. Social Security payments are not part of an estate and cannot be touched for the payment of most debts.
You should speak with an elder law attorney to make sure all your bases are covered.
Hope this helps.
Regards,
Roger