lindak
recently joined
Reged: 02/15/07
Posts: 3
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Hi everyone, thank you so much in advance for reading my post. I have been really depressed lately about my son's future and don't know how to help him. My 16 year old son is chronically ill, and in the last decade my own health has greatly deteriorated also. I have good reason to believe that my husband would not want to support our son financially or take care of him when I die, especially when he becomes an adult. Because of this, I want to leave my son as much financial security as possible, but don't know how.
I have life insurance, but it is not nearly enough for my son to sustain himself. My husband currently has life insurance for our son also, but I know he will remarry after I die, and most likely will change the beneficiary of his policy to his new family. Even if he doesn't do that, my son is unlikely to outlive his healthy father, so most likely my son wouldn't see the benefit of that life insurance anyway.
I am considering divorce for the prospect of splitting our marital assets 50/50, such as our house and my husband's 401K, so that I can will that to my son. My only worry with divorce is that, because we live in an equitable distribution state, the judge will not grant me 50% of the assets because I haven't worked as long as my husband. I have worked full time since I was out of college. But in the last decade, because of my failing health as well as the poor health of my son, I had to stop working.
In this case, do you think I could be awarded 50% of the 401K and other marital assets in divorce court? What do you think I could do to help my son's financial security in this current situation? I've already accepted that I will die sooner rather than later, but am just very depressed about my son's future, and would be much obliged to anyone who has any advice or thoughts on this matter. Thank you so much again!
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