QUESTION

What are my benefits and can I receive a portions of his disability if he is approved for a lump sum of money and get spousal support?

Asked on Feb 05th, 2013 on Divorce - Michigan
More details to this question:
My husband has been in the military for 29 years I have been with him for about 23 of those years. He has PSDT and maybe getting disability. I am thinking about divorcing him due to infidelity. I have supported him and stood by his side for 27 years thru his deployment and I rose our for children when he was away. We do have a home together but we do not have much of any other assets the kids about grown after all. I have served too.
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5 ANSWERS

Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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You need to consult a lawyer who is knowledgeable about military retirement as well as how to handle a long term marriage; you can't afford not to. First, you cannot be awarded a property share of any disability retirement or any VA disability compensation. If your husband is retired for disability, there may be little or no retired pay that can be awarded to you as marital property. For those reasons, it is important that you have an attorney knowledgeable in divorce law to help secure spousal support (alimony); even though you may not receive a property share of the disability money, it is still income available for support purposes in most states.
Answered on Feb 07th, 2013 at 2:32 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Yes you have served as well. The devil is in the details and therefore you really need counsel. Some sources of income, pensions and retirements are clearly divisible and partially awardable to you. Others may not be. Spousal support under the circumstances you described is likely but all of this is fact driven.
Answered on Feb 07th, 2013 at 2:31 PM

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John Arthur Smitten
His disability is his however it can be used a a source to pay alimony. If he gets retirement pay then you get 1/2 the marital portion of it.
Answered on Feb 07th, 2013 at 2:31 PM

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Dennis P. Mikko
There is not enough information to give a good answer. Spousal support is designed to assist a spouse to continue to live in a similar lifestyle after divorce. If there is a great disparity of income and a long term marriage, then the chances of spousal support being awarded is greater. An example would be the stay at home mom who now has limited work skills after a long term marriage. As for the disability, the lump sum payment, even if not marital property, could possibly be invaded if necessary to provide necessary assistance to you. While Michigan is a no-fault divorce state, fault can still play a part in property division. You should consult an attorney in your area who, after reviewing all of the facts could provide a better answer.
Answered on Feb 07th, 2013 at 2:30 PM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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You are entitled to a portion of his retirement and other community property assets. If he cannot work, then it is unlikely that you would receive spousal support, but your share of his disability pay would compensate you for that.
Answered on Feb 07th, 2013 at 2:30 PM

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