If my spouse is collecting social security, can I still get spousal support? 12 Answers as of July 09, 2013

My spouse is disabled and is collecting social security. We are getting a divorce and I really need help financially to take care of a new home and my children. I dont think he is getting enough to support me. What can I do?

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
Spousal support is typically based on one's need and the others ability to pay.
Answer Applies to: Washington
Replied: 9/2/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
There are a lot of factors to determine whether spousal support is appropriate in a divorce situation. Certainly a spouse's ability to work and earnings are factors which, in your case, are negatives for you. What marital assets are there? How long have you been married? Are you employed and how much do you earn? What is your joint debt load?
Answer Applies to: Michigan
Replied: 8/31/2011
Meriwether & Tharp LLC
Meriwether & Tharp LLC | Patrick Meriwether
An award of alimony is dependent on a variety of factors. It is usually a balancing test of the needs of one spouse verse the ability of the other to pay. It sounds like your spouse does not have the ability to pay alimony.
Answer Applies to: Georgia
Replied: 8/31/2011
The Law Office of Erin Farley
The Law Office of Erin Farley | Erin Farley
Spousal and child support amounts are based on calculations that consider the income of both parties. The source of income is immaterial. You will likely be eligible for support; but unfortunately the amount may not be high. If that is the case, your options remain: job, school, state support. Consider consulting a legal aid office. The attorneys at legal aid are well-versed in low-income options and opportunities. And - legal aid is a free service to you. (Caveat: some agencies unlawfully advertise under the name "legal aid". If the agencies try and charge you, they are *not* the real deal.)
Answer Applies to: California
Replied: 8/30/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
His social security disability is subject to support awards.
Answer Applies to: Connecticut
Replied: 8/30/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Do you mean maintenance from your spouse? If that is what you mean, then, probably not. There are a number of the criteria that the court is supposed to apply in considering whether to grant maintenance. One of those criteria is the needs and ability to pay standard. You have to be able to prove that you have a need for maintenance and that your spouse has an ability to pay maintenance. If your spouse is disabled and living on social security, he probably does not have an ability to pay maintenance. If that is the case, the court is probably not going to give you maintenance.
    Answer Applies to: Washington
    Replied: 8/30/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Your question has to start with whether your spouse has or will have any income other than social security. If he cannot support himself by other means, then he probably can't afford to give you anything even if you can establish you need it. The basic legal principle you have to satisfy in order to qualify for spousal support is whether or not you can meet all your reasonable needs through appropriate employment. But, even if you cannot, your spouse still has to have enough money to pay you anything before a court will order him to pay you.
    Answer Applies to: Colorado
    Replied: 8/30/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    It would seem unlikely that a court would award spousal support where the obligor receives only social security, but it does depend on the financial circumstances of each party.
    Answer Applies to: Minnesota
    Replied: 8/30/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    This is a decision that a Court would have to make. If he does not make enough to support himself as well as pay child support then you may have to get a job and support yourself.
    Answer Applies to: Alabama
    Replied: 8/30/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    That sounds like a tough situation.The adage is the court can't get blood from a turnip.Maintenance (spousal support) similar to property division depends on many factors.One of the factors is the ability to pay.If he cannot support himself, then it will be harder to get maintenance.You should look at my website to get a better idea of what might happen when the court applies the law to your facts.
    Answer Applies to: Washington
    Replied: 8/30/2011
    Owings Law Firm
    Owings Law Firm | Tammy B. Gattis
    Yes.
    Answer Applies to: Arkansas
    Replied: 6/9/2013
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