My Grandparents...

[CAPMike]

Hello All,

My grandfather (not blood related) recently beat my grandmother, it was not the first time. This beating was severe as she had to go to the E.R. She kicked him out. He now has a restraining order against him and is demanding a divorce. She has a question for some of you to help us with. Can he be forced to give half his pension or social security? They were together for 11 years and they also sign a Prenump. Agreement. It says that after they are divorced, no ailmony will be given at all. The weird thing is, at the time it was agreed, my grandma didnt have a good job and he had an EXCELLENT one. He has been unemployed for 8 years now, and she is making the house. Her property and house is SOLEY hers, as they seprated the assets and she owned it before marriage. I can give better details of the agreement if it is needed. Will/Can the judge award the pension and social security?


Best Regards
Mike Markota

 

[Michael Wechsler]

It is difficult to say what can be awarded and I don't know that anyone will be willing to give you "odds" and do a free review for that purpose. According to the AARP, an association for poverty research:

"Social Security benefits are not subject to levy, garnishment or attachment except in special circumstances. The most common exception is where there is enforcement of a recipient's obligation to make support or alimony payments. In this case, up to 60% of the benefit may be garnished (50% if the beneficiary is supporting a family). An additional 5% can be garnished if child support or alimony payments are more than 12 weeks in arrears. Social Security benefits can also be garnished for federal tax indebtedness. Also a recipient may not assign Social Security benefits."

Pensions are probably not as protected and state laws may vary. However, in this instance, the ex has more serious problems. She may be able to sue him civilly for the beatings so if she won't get alimony she might be able to get it through another route. Plus he may end up in jail and she holds the cards with regard to pushing it forward.