Will a wife have to support her disabled husband in a divorce? 16 Answers as of May 18, 2011

Husband is on disability, children receiving payments due to husband’s disability. Husband does not get out of bed all day or try to help himself. Home life is very stressful for 17 yr old daughter and 12-year-old son. Wife wants husband to move out. Will she have to support him, as she is the fully employed one who supplies health insurance, runs household, etc.?

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Possibly. Spousal support (maintenance or alimony) can be required if all the facts and circumstances satisfy the statutory requirements. There is no simple rule, so you should consult an attorney familiar with the court's in your area for a better assessment of the possibilities.
Answer Applies to: Colorado
Replied: 5/18/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
She may have to pay spousal support, it depends on the facts, the money is the main factor.
Answer Applies to: California
Replied: 5/16/2011
The English Law Firm
The English Law Firm | Robert English
I can only reply as to California law. In California, you would possibly be liable for spousal support based on the marital standard of living. If you are the primary earner and he only has disability, you might have to pay support. This amount would, however, be affected by child support depending on which party has custody.
Answer Applies to: California
Replied: 5/16/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
I believe she will be responsible for the Husband and his expenses, etc. to some degree, however, that will depend upon what a Judge says as part of the Divorce proceedings. Consult with a matrimonial attorney about this further.
Answer Applies to: New York
Replied: 5/16/2011
Howard W. Collins, Attorney at Law
Howard W. Collins, Attorney at Law | Howard W. Collins
Spousal support does not depend on whether the person is male or female. It depends on the income of the parties, the condition of the parties, including medical conditions, etc. The quick answer is that the Wife could be ordered to pay child support to the ex husband, even if the children are awarded to her custody.
Answer Applies to: Oregon
Replied: 5/16/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, the wife may have a spousal maintenance obligation. RCW 26.09.090.
    Answer Applies to: Washington
    Replied: 5/16/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Maybe. Maintenance is what you're talking about and that depends on many factors but most importantly his need and your ability to pay. If after all the bills get paid, your household expenses met,etc. there is still money available, you may have to support him, assuming he has some need. Other factors include how long the marriage was,what the property division is, etc. See an attorney.
    Answer Applies to: Washington
    Replied: 5/16/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law, you may well have to provide support, at least for a period of time, for a disabled spouse. You should consult with an attorney in your area.
    Answer Applies to: Washington
    Replied: 5/16/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You want a divorce attorney to take a look at all of this for you. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
    Answer Applies to: New Jersey
    Replied: 5/16/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    It is possible depending on the income and needs of the parties.
    Answer Applies to: Connecticut
    Replied: 5/16/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Spousal support is possible if one party makes more than the other side. I cannot state with absolute certainty that wife would have to pay support, as it is a fact driven analysis. If you are looking for an attorney and are in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/13/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Yes, wife will most likely be ordered to pay Spousal Support to the disabled husband if he files an OSC seeking Spousal Support and/or requests a Spousal Support order in the Judgment at trial. Subject to and/or depending on the disability, wife could seek a vocational examination of husband via a certified vocational counselor, in an effort to obtain evidence upon which the Court might impute income to husband, to diminish or hopefully eliminate the possibility that the Court might award Spousal Support to the husband.
    Answer Applies to: California
    Replied: 5/13/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    There are many issues involved in your question and it is not as simple as you might think. There very well can be the obligation to support him to some degree. I would strongly suggest you consult with a divorce attorney and provide more detail.
    Answer Applies to: Connecticut
    Replied: 5/13/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    It is fact driven and up to the trial judge, who in a domestic relations case, sits in equity which means makes the decision as to what is fair in his or her opinion. There is certainly exposure for her under the limited facts that you provide. Stay well.
    Answer Applies to: Alabama
    Replied: 5/13/2011
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    If you reside in Western Washington, feel free to call me to schedule a free initial consultation-either in person or by phone-about your situation. Spousal maintenance depends on a number of factors which I'll be happy to discuss with you.
    Answer Applies to: Washington
    Replied: 5/13/2011
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