QUESTION
Can I get alimony now he got an injury settlement from state prison?
Asked on Jan 25th, 2013 on Divorce - California
More details to this question:
My husband and I have been married for 22 years. He has been in and out of prison. I couldn’t even count. He is in prison now. I have already raised our two children 21 and 20. I have had to everything on my own from 17 to 41. He has one leg and broke his hip in the shower because he was housed in a non-handicap facility. I know he got that settlement. Now he’s not even talking to me. I want a divorce. He will live on SSI when he’s out of prison and I will always be a housewife.
4 ANSWERS
Yes, we believe you are entitled to a portion of the settlement. With the length of marriage and your circumstances, we will fight for you in order to get your portion. If you would like to discuss this further, you can contact our office for a free 30 minute consultation.
Answered on Jan 30th, 2013 at 4:22 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is not automatic that you will get part of the settlement in a divorce as it is his personal injury, however, as a preliminary opinion, I believe you certainly have a claim under the circumstances. Engage an attorney and start the process before he gets out and the settlement funds are gone.
Answered on Jan 30th, 2013 at 4:22 PM
John Arthur Smitten
Based on this fact pattern you are not a candidate for alimony in my opinion. A one time settlement is not recurring income.
Answered on Jan 30th, 2013 at 4:21 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You can't expect him to support you if he's been in prison for years. Support is based on the marital standard of living and you've been separated for years. Time to go to school and get a better job. The settlement is his for his injury. You could have divorced him yeas ago and moved on with your life.
Answered on Jan 30th, 2013 at 4:20 PM