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?
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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 12 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)
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