Will my ex get spousal support if he is on disability? 16 Answers as of July 12, 2013

My husband has filed for soc sec disability and was denied. I want a divorce because of his infidelity. Can he collect spousal support from me?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Infidelity will be considered by the court, but it will not be an absolute bar, necessarily. Length of marriage and the history of contribution and support will be considered as well. Stay well.
Answer Applies to: Alabama
Replied: 5/26/2011
Howard W. Collins, Attorney at Law
Howard W. Collins, Attorney at Law | Howard W. Collins
Possibly. Spousal support is a very complex issue and without knowing more about your situation, that is the only answer I can give you. Call to discuss.
Answer Applies to: Oregon
Replied: 5/26/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
Maintenance depends on many factors the most important is the financial picture you each will have going forward after considering your earning capacities, other property, health, etc. I can't answer your question with this little of information. Maybe. Seek a free conference with a family law attorney for a better answer.
Answer Applies to: Washington
Replied: 5/26/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Yes, that is possible. There are no hard and fast rules and every case will be different. If you and he can't agree on something after talking to an attorney who can explain the law in terms of your facts, a judge will have to decide based on the overall financial situation and compare his needs to your ability to pay. His infidelity is irrelevant.
Answer Applies to: Colorado
Replied: 5/26/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
There is a lot more involved in the question than disability as a reason for support. Many other factors are taken into consideration as well.
Answer Applies to: Connecticut
Replied: 7/12/2013
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    It depends on your family's financial circumstances. If you reside in Western Washington, feel free to contact my office for a free, no obligation consultation-by phone or in person-about your case.
    Answer Applies to: Washington
    Replied: 5/26/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    That is for the court to determine. The court will evaluate relative incomes, his need, and your ability to pay, among other factors.
    Answer Applies to: Washington
    Replied: 5/26/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If you make more than he does, then it is possible for him to get spousal support. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/26/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Alimony awards depend on many things only one of one of which is health so it is difficult to say without knowing more.
    Answer Applies to: Connecticut
    Replied: 5/26/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    There are many factors a court must consider when determining whether spousal maintenance is paid. These include, without limitation, the length of the marriage, age and health of the parties, the standard of living the parties enjoyed during the marriage, the earning capacity of each party , the income earning assets awarded in the divorce and more. As a result, without a full review of the case by an attorney, potential risks with regard to spousal support cannot be accurately addressed.
    Answer Applies to: Minnesota
    Replied: 5/26/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    It is possible, but will depend upon his needs versus your income and your needs. The infidelity will play some part in the determination, but not a huge part. Good luck.
    Answer Applies to: New York
    Replied: 5/26/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We are divorce attorneys in Augusta, Georgia. This is a question that you will want to discuss in detail with your own divorce lawyer. Generally, if adultery is proven to be the cause of the separation/divorce, then it could be a bar to alimony. Again, no one can predict what a court would do and you should discuss all your rights and options with an experienced divorce attorney. Good luck!
    Answer Applies to: Georgia
    Replied: 5/26/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Spousal support is very limited in Texas. First, you have to have been married at least 10 years or there has to have been spousal abuse (the party requesting has to be the victim). Then it is permissible, but still not easy to get. The requesting party must show that he or she lacks the means to provide for his/her minimum reasonable needs and that he/she is not getting sufficient assets from the marriage that can be sold to meet these needs, and that the other party has substantially more assets or disparity in earning power/potential (BTW, asking spouse cannot be intentionally unemployed or underemployed and I would argue that denial of SS Disbo is proof he can work, he just won't). So, while it is impossible to answer your question with the limited facts set out in your question, it is not likely. if this case proceeds in Collin or Dallas County, please give me a call.
    Answer Applies to: Texas
    Replied: 5/25/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    He may likely get Spousal Support from you if his disability truly renders him unable to work. If he was denied Social Security Disability, it may be because he is not disabled. You could seek (and pay for) a vocational evaluation of him in an effort to get the Court to impute income to him. His infidelity is not an issue that the Court would address, since we have no-fault divorce in California. You would best be represented by an experienced Family Law Attorney if you intend to oppose your husband's request for Spousal Support.
    Answer Applies to: California
    Replied: 5/25/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    In Michigan and Ohio the answer would be Maybe. It depends on many factors listed in your state statutes, like length of marriage,who has paid the bills, what is the likelihood of you supporting yourself or he supporting himself without help. Consult with a local lawyer to verify your rights.
    Answer Applies to: Ohio
    Replied: 5/25/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    No way to answer this question on so few facts. Also, you should do some research or consult with a lawyer in person about "spousal support." There are two types of spousal support. "guideline" or temporary support, and long term support. The two are determined using different formulas. Again, call a local family law lawyer to assist with your divorce, including whether, how much, and for how long any support should be paid. Good luck!
    Answer Applies to: California
    Replied: 5/25/2011
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney