How willmy spouse’sapplying for permanent disability income impact any potential financial support for me should we split?

My spouse is on worker’s compensation as of this past spring; he is trying to apply for permanent disability. He has been working but most recently claimed an injury on the job earlier this year. I am currently starting the divorce process and obtaining our W-2 for last year.

Asked on September 4, 2011 under Family Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Well it may impact exactly what you get (if any) in alimony and of course, if you have been the main income earner, you may wind up having to pay some sort of support to him. If you haven't already consulted with a divorce attorney, you actually should consider at least meeting with one or two attorneys, male and female, to decide if it is in your best interest to hire an attorney to represent you in this process. If your husband is applying for permanent disability, then he will probably be pro se (not represented by counsel). If you have a lot of joint assets and you have acquired major assets since deciding to divorce and you are living apart, make sure you do a full accounting because any assets acquired post separation would or should be considered separate property.


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