Can I get alimony if I’ve been married 12 years and am disabled?

UPDATED: May 3, 2019

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Can I get alimony if I’ve been married 12 years and am disabled?

I am a 49 year old and have been disabled for 8 years now. It’s a permanent disability. I live in a home that was mine before we married. Can I keep my home and will I get alimony? There has been no infidelity on my part.

Asked on May 3, 2019 under Family Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) A home that predated marriage will remain yours if you never put your spouse on the deed/title and/or did not refinance with money provided or earned in part by your spouse (if you did use your spouse's money, that will give him/her a claim to some of the equity or value in the house, in a divorce).
2) Alimony is based on income, not directly on disability. To oversimplify: whichever spouse provided more of the family's income will pay some amount of alimony to the other--and the greater the difference in the spouses' incomes, the more alimony. So if due your disability, your spouse provided more of your family's funds, you should receive alimony.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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