QUESTION
If my husband is on Social Security and Disability Compensation and we divorced, would he still have to support me?
Asked on Jul 08th, 2012 on Divorce - Florida
More details to this question:
My husband and I are heading for a divorce, and he claims that he would not have to pay me any support because all of his money comes from the Government, social security and disability compensation from the VA. Is this true??
28 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It depends upon the length of the marriage but generally you will get a spouses election of his SS so.
Answered on Jul 05th, 2013 at 5:58 AM
Barbara A. Fontaine
Probably not, but you have not given enough information about your own financial situation.
Answered on Jun 28th, 2013 at 10:59 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes.
Answered on May 29th, 2013 at 1:29 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No.
Answered on May 29th, 2013 at 1:12 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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No.
Answered on May 29th, 2013 at 1:06 AM
Marriage & Prenuptials Attorney serving Charleston, SC
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Evan Guthrie Law Firm
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The source of the income or assets has no bearing on alimony issues and you may be entitled to support.
Answered on Aug 13th, 2012 at 1:51 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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You don't indicate the length of the marriage and whether you are still working or have a separate estate which are factors the court would consider in determining whether you should receive spousal support and how much you should receive. The money that he receives from any source would be considered by the court in making a spousal support award.
Answered on Aug 07th, 2012 at 1:05 PM
If you are awarded some kind of financial support from the divorce, then your spouse is obligated to pay the support awarded and his failure to do so could result in him being found in contempt of the court's order and have the court order him incarcerated until such time as he complies with the court order.
Answered on Aug 07th, 2012 at 12:03 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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The fact the his money comes from governmental entities does not mean he won't have to pay support. However, how much support he pays are for how long depends on a number of factors the court must review to make those decisions.
Answered on Aug 07th, 2012 at 11:42 AM
Leonard A. Kaanta
You first must prove a need for spousal support.
Answered on Aug 01st, 2012 at 8:45 PM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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Your husband's claim is not true. You should hire an experienced family law lawyer.
Answered on Aug 01st, 2012 at 8:09 PM
The source of your husband's money matters in the first instance, that is, it may not be your property. In that sense he is correct. However, when it comes to spousal support, the source matters not at all, only the amount of his income and the amount of your income matters. You need counsel (not counseling, counsel).
Answered on Aug 01st, 2012 at 5:20 PM
That may or may not be true. Many factors are considered by the Court in awarding alimony. Consult with an attorney about the specifics of your situation.
Answered on Aug 01st, 2012 at 2:44 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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He is not necessarily correct. Just because he receives all of his benefits from the government does not mean that you cannot get alimony from him. It will depend upon a lot of factors, the most important being whether you need support and whether he can afford to pay support to you.
Answered on Aug 01st, 2012 at 2:11 PM
Probate Attorney serving Arlington, TX
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Law Office of Eric J. Smith
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In a sense you are both right. Your husband may not have to pay you anything directly out of his benefits, unless there are minor children to support, but you can receive both a social security benefit and possibly a VA benefit in your own right.
Answered on Aug 01st, 2012 at 1:44 PM
1 Award
No. However, for you to receive spousal support you have to prove that he has the ability to pay. If his expenses equal or exceed his benefits, he will not have to pay you spousal support.
Answered on Aug 01st, 2012 at 1:28 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Maybe, maybe not. The source of his income has nothing to do with whether a court will require him to pay you any spousal support. The fact that his only income is from Social Security & VA probably indicates that he lacks sufficient income to pay you any support, but the decision to be made by the judge will compare your needs against his ability to pay - not the source of his income. The source of his income being disability compensation will mean that it may not be possible to enforce any support order through garnishment from the government so even if the court orders him to pay you something you will be dependent on whether he chooses to comply with that order.
Answered on Aug 01st, 2012 at 1:11 PM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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Where his income comes from is irrelevant as to the issue of whether or not he can be ordered to pay you support (I am assuming you mean spousal support). The source of a parties income is irrelevant. Certain incomes cannot be garnished (like social security and pensions), however, there are exceptions for spousal support and child support. Moreover, after he has received the money (even if it could not be initially garnished from the source) it can be garnished from his bank account.
Answered on Aug 01st, 2012 at 1:08 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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The court can't divide those asset but they can be considered and he can be ordered to support you, but it depends on many other factors.
Answered on Aug 01st, 2012 at 1:00 PM
Maintenance (alimony) will depend on different factors, such as, who is making more money, the length of the marriage, and the employment history of each party.
Answered on Aug 01st, 2012 at 12:54 PM
Steven D. Dunnings
You might be entitled to something. Since you have access to a computer contact the SSA website.
Answered on Aug 01st, 2012 at 12:46 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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No. It is not true. Those financial resources are considered in determining an appropriate level of financial support.
Answered on Aug 01st, 2012 at 12:46 PM
Dennis P. Mikko
Just because his money comes in the form of social security and disability does not mean he would not have to pay spousal support. However, there are many factors to consider before a spousal support award is made. Once an attorney has all the facts, better advise can be given.
Answered on Aug 01st, 2012 at 12:40 PM
Certain types of disability are not considered income and would not be counted when determining support. You need to consult a family law attorney to determine what your options are in light of the type of disability your husband receives.
Answered on Aug 01st, 2012 at 12:36 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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No, but the amount of his income compared with your income will be the issue. How much he can support you or how much he will be forced to pay you depends on that issue.
Answered on Aug 01st, 2012 at 12:15 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Without knowing more of the facts, this question is hard to answer. Alimony depends upon a number of factors and he might have to provide you with it if the circumstances warrant it.
Answered on Aug 01st, 2012 at 12:05 PM
He can claim that those are his only sources of income, but if the Court orders him to pay alimony, he will have to pay regardless of where it might come from. You need to find out if you are entitled to any benefits at this point as his spouse.
Answered on Aug 01st, 2012 at 12:05 PM
Each party to a divorce will have to complete a Financial Affidavit form that can be obtained at your local courthouse. Information contained on both parties forms are used in the 'negotiations' of spousal support. Your case might be a good one for Mediation. Mediation is a Fast, Effective and Affordable way to resolve marital issues for a divorce. Your matter can be mediated as long as both you and your husband agree to the mediation, or the Court orders you go attend a mediation. Good luck.
Answered on Jul 30th, 2012 at 1:53 PM