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  1. #1

    Default Effect of Being Handicapped on Division of Marital Assets

    My question involves a marriage in the state of: Indiana

    This is for my sister. She is handicapped and 70 years old. Her husband is also 70 years old. He is retired and also served 20 + years on Army Reserve. They have Tricare and Medicare.

    He is mentally & physically abuse to her. And as her caretaker, at times he will refuse to feed her or help with her medications and now to doctor appointments. He wants her in a nursing home on Medicaid, she does not want to go to one and wants home health which he refuses to get her.

    She is looking at filing a self-serve divorce form from the library. However, I told her that she needs to get an attorney because I was told that in the State of Indiana and with her being handicapped, she has extra rights beside the standard split of marital property. Is that correct?? Can someone tell me for sure what they are? Spousal support, he carry insurance with Tricare for her, he pay utilities till divorce is final, etc. He has 5 vehicles (2 Cadillacs, 1 GMC truck, 1 Corvette, and 1 '64 GTO). She would like the one Cadillac because even though she does not drive, she has someone that will transport her if she has a vehicle.

    Thank you.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Divorce

    Her husband is 70 and, honestly, a divorce can take years to finalize. Additionally the court won't make her husband destitute by saddling him with a huge alimony payment. With that said, I think your Mom does need an attorney because it's far, far too easy to mess up a divorce without one.

    If she's going unfed, why on earth haven't you called the authorities?!

  3. #3

    Default Re: Divorce

    I did and she did and he would not let them come into the house. He told them that she was just fine but she had mental issues.

  4. #4
    Join Date
    Nov 2013
    Location
    in alto mare
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    Default Re: Divorce

    Quote Quoting inmom
    View Post
    I did and she did and he would not let them come into the house. He told them that she was just fine but she had mental issues.
    Who did you call? Police?

    Have you called Adult Protective Services?

    http://www.in.gov/fssa/da/3479.htm

  5. #5

    Default Re: Divorce

    I called APS.

  6. #6
    Join Date
    Nov 2013
    Location
    in alto mare
    Posts
    1,123

    Default Re: Divorce

    Then it's time she got an attorney to advise her on what her options are.

    She doesn't want to be married to him because he's abusive/difficult etc, but at the same time she doesn't want to move into a nursing home- then what is her goal? That's what she needs to discuss with an attorney.

    By the way, she could lose Tricare eligibility depending on how long she was married to him and how much the marriage and service overlapped. She could be doing herself a great disservice (hence she needs the attorney).

  7. #7

    Default Re: Divorce

    I made her get an attorney's appointment. Thank you. She has been married to him since 1968 and his service duty occurred the entire time they have been married.

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