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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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.


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