Can I get spousal support if I am on disability retirement? 16 Answers as of July 03, 2013

Is it possible to get spousal support if I am on disability retirement in my chosen degree?

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Buselmeier Law & Associates, PA
Buselmeier Law & Associates, PA | Theodore W. Buselmeier
Yes, and sometimes more likely. The ability of a party to generate income is a factor in your favor. Spousal maintenance is very subjective and judge specific and several other factors must be analyzed.
Answer Applies to: Minnesota
Replied: 11/23/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
How long have you been married and how much does your spouse earn?
Answer Applies to: Michigan
Replied: 6/26/2013
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
The financial circumstances must be reviewed to determine whether the statutory criteria for spousal support are met and what effect spousal support may have on the disability award. As a general rule, courts may award spousal support when the paying party has the ability to pay and the recipient has a demonstrated need.
Answer Applies to: Minnesota
Replied: 11/16/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Yes, it might be possible, depending upon all the relevant facts in your case that relate to the issue of spousal support.
Answer Applies to: Virginia
Replied: 11/16/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
Yes.
Answer Applies to: California
Replied: 6/2/2013
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Maybe, depending on the facts. Discuss them with your lawyer (and you should have one).
    Answer Applies to: Georgia
    Replied: 11/15/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Spousal support is based on 5 key factors: length of the marriage, health history, earning capacity, age of the parties and standard of living during the marriage.
    Answer Applies to: California
    Replied: 11/17/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    If you have the need and he has the ability to pay, possibly, depending on multiple other factors.
    Answer Applies to: Florida
    Replied: 7/3/2013
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Your receipt of disability retirement income is only a part of the overall situation that will be examined to decide whether or not you should receive spousal support when the divorce is concluded. There are many important factors involved in comparing your "needs" with your spouse's "ability to pay" and there are no simple rules - every case stands on its own facts.
    Answer Applies to: Colorado
    Replied: 11/15/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    It is possible.
    Answer Applies to: Washington
    Replied: 11/15/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    It is possible. However, whether or not you will is another question. In deciding whether to grant maintenance (support), there are a number of factors that the court is supposed to consider. Some of those factors are: The ages of the parties, the duration of the marriage, each party's work history and ability to work, each party's education, each parties need for support and ability to pay support. There are other factors as well, but this should give you at least an idea of what goes into the decision.
    Answer Applies to: Washington
    Replied: 11/15/2011
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