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Can I get spousal maintenance if I am disabled?

On Behalf of | Apr 10, 2016 | Family Law |

When two people are married, if one spouse is working and the other is not, it is likely that the two will still share that income. Depending on how much money is made, they will lead a certain lifestyle and may be used to enjoying the finer things in life. Should they divorce, for the spouse who is the lower wage earner, being able to enjoy such things may no longer be an option, which is why some people strongly consider requesting spousal maintenance.

Many people wonder if they qualify to receive spousal support. It is true that many people who are going through a high asset divorce have many assets and property and a high income that often means one spouse is ordered to pay spousal support, but this is not always the case. Spousal support is supposed to help low wage earner spouses maintain a similar lifestyle to the one they had during the marriage, and allow them to live comfortably until they can support themselves.

There are many different reasons that people are unable to provide for themselves financially that will warrant a person receiving alimony. When it comes to being disabled, if your spouse is not able to work and support themselves financially, there is a good chance that they will be awarded spousal maintenance. Of course, how long they will receive the payments is up to the judge unless the paying spouse agrees to a time that the receiving spouse believes is acceptable.

Although a spouse may not be able to support themselves financially, it doesn’t always mean that they will be able to receive spousal maintenance. Certain factors are examined to help a judge determine if, and how much spousal maintenance a person will be awarded. Because of this, people should consider hiring an attorney who can make it clear to a judge that spousal maintenance is necessary.




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