Husband pays everything Im on SsdI will he be responsible for my rent and utilities if we divorce

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Husband pays everything Im on SsdI will he be responsible for my rent and utilities if we divorce

Will he be responsible for my rent and
utilities still if I am on ssdi?

Asked on July 20, 2018 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends: given that he has been paying, if his income and earning potentially are significantly more than your SSDDI, he will likely have to pay you some amount of "support" (basically alimony). However, a court may or may not order him to specifically pay rent and utilities in addition to (or instead of) giving you some amount of monetary support; you may simply get a certain amount of total money per month, which you will then spend as you see fit. Or he may be ordered to pay your rent and utilities, but the court may put a cap or limit on what those can be each month, to prevent you from overspending on your rent (renting too large or nice a place) because someone else is paying. There is no way to give a definitive answer, because it depends on his income and earning potential vs. yours (counting your SSDI as income the more he makes compared to you, the more you will generally get), the size and expense of your rental home (you may have to downsize or move to a less-desirable location, if the court feels the current home will be excessive to your reasonable needs), his own health and any other obligations (e.g. child support?) he has, etc. That is, the answer depends on the specific facts of the situation.


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