If a spouse is on disability and they file for divorce will they get support money, even if the other party makes only 40K/year?

Get Legal Help Today

 Secured with SHA-256 Encryption

If a spouse is on disability and they file for divorce will they get support money, even if the other party makes only 40K/year?

Married for 16; wife went on disability for the last 10 years of it. They have 1 childwho is now 14. Wife has left. She makes a certain amount of disability, so would not be able to support herself completely. Would the court then allow spousal support and possibly bankrupt the husband?

Asked on July 23, 2011 Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Spousal support, also known as alimony or maintenance, is decided on a case by case basis.  If the parties can not agree then the courts will decide for them. It can be permanent or temproary. They look at the relevant economic factors including the distribution of the marital assets.  Some of the factors the court uses to decide are as follows: 

 (1) The financial resources of the party desiring support (2) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment; (3) The earning capacity of each spouse; (4) The standard of living established while married; (5) The financial obligations and resources of each spouse; (6) The length of the marriage; (7) The age and health condition of the spouse seeking maintenance; (8) The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance; (9) The conduct of the parties during the marriage; and (10) Any other relevant factors.

Also, the order will state if it is modifiable or nonmodifiable. It can also have a set date for termination. Unless the maintenance order which includes a termination date is nonmodifiable, the court may order the maintenance decreased, increased, terminated, extended, or otherwise modified based upon a substantial and continuing change of circumstances which occurred prior to the termination date of the original order. (Missouri Statutes - Title 30 - Chapter 452 - Sections: 335 and 345)


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption