If I’m married 4 years and became disabled duringthe marriage, am I entitled to alimony?

UPDATED: Jan 13, 2012

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If I’m married 4 years and became disabled duringthe marriage, am I entitled to alimony?

Asked on January 13, 2012 under Family Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is no easy answer: alimony is very much a case-by-case matter. Whether you will get alimony depends on the length of marriage, the income of each spouse, the degree to which each spouse contributed to the life style (i.e. how much income each brought in), what that life style was, etc. I do not believe that the fact that you are disabled specifically makes you eligible for alimony or increases how much  you will get--your soon-to-be ex-spouse is not your disability insurer, and does not become obligated to support you for life simply because of a disability.

However, indirectly, the disability will factor into the decision. Say that you became disabled 2 years ago, and for your two years your spouse has largely suppported you and maintained the lifestyle, and earns substantially more than you. Those factors would argue in favor of alimony or spousal support.

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.

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