As a disabled spouse, what am I entitled to in a divorce?

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As a disabled spouse, what am I entitled to in a divorce?

We have 2 children in college and a 12 year old at home. My husband works

full-time and I receive disability benefits as was diagnosed with Multiple Sclerosis 16 years ago.

Asked on August 30, 2016 under Family Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) You are entitled to receive child support for the at-home child.
2) You may be entitled to have you husband pay for at least a portion of the college-students' tuition, etc.--much depends on how much you and he have been paying.
3) If your husband was the main breadwinner (i.e. his wages/salary contributed to much more of the family income than your disability benefits), you will also certainly receive monthly spousal benefits (alimony), at least for several years, possibly longer. There  is no way to quantify how much based on your question, since it depends on many factors unique to your marriage, like how much he earnes, how much your benefits are, the life style you lived, etc.
4) You will get some portion--theoretically up to half--of the marital property (bank accounts, real estate, vehicles, etc.).
The above however, are all subject to the terms of any pre-nups you signed before marriage, which can define or limit exactly what you will get.
If you are thinking divorce, you owe it to yourself and your children to consult right away with a famly law attorney, who can evaluate the specifics of your situation and advise you as to what you'd likely receive.


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