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

UPDATED: Aug 30, 2016

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.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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