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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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