questions & answers

Question: We live in Tucson, AZ, and my husband is going to file a divorce paper. We married in South Lake Tahoe, Ca. We have been married for 23 years. We both are not working, but he has a girlfriend during our marriage and she is working.  My question is he told me he doesn't need to pay me his social security or any spousal support due to he doesn't work. Also since he bought the house before our marriage which we are living now. In my marriage, this house all the repair, utility, property tax are from our joint account. Now he told me I have no right to this house. It is true what he told me.  

Answer: A judge will decide the spousal support issue based on your individual circumstances.  He will look at education, age, earning ability, etc.  Your husband has zero ability to decide if you are entitled to collect on his social security.  If you were married at least 10 years (and you were married 23 years) before the divorce, and if you do not remarry, and if you earned less money than him, you can elect to collect under his social security when you both reach retirement age.  It does not matter if he remarries.  For more information, go to: https://www.ssa.gov/planners/retire/divspouse.html.  Under Arizona community property law, the house is his if he owned it before the marriage and never added you to the deed.  However, you do have a claim against the house for your share of mortgage payments, repairs and upgrades that were paid from community assets.  You would be best served talking to a lawyer.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is $75 per hours.  the telephone number is (866) 637-5341.  Both Maricopa County and Pima County have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult with an experienced attorney for $40.  The telephone number is  (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.