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

UPDATED: Sep 4, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 4, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption