Question #208:My husband and I are divorcing. I have a question regarding alimony. I am currently on disability for diabetes and anxiety, my husband says that since I am on disability I am not entitled to alimony. Is that true. Please let me know.

The income you receive from disability will be considered in the final determination about the appropriate amount of spousal support that you should receive., if any, depending on the difference between your husband’s income and your disability income, the lifestyle that you have been living while married, and the number of years that you have been married.

Simply because your are receiving disability is not in itself a reason for the judge not to award spousal support.

If you are living in the New York City metropolitan area, I strongly suggest that you call me at 212-370-1660 to discuss mediating your divorce . There are many other important issues that should be discussed and decided and incorporated into a legal separation agreement , and it should be prepared by an experienced,matrimonial attorney. This is a matter of importance and should not be left to self-help.

Leonard M. Weiner, Esq./Divorce Solutions

Question #91:I have been separated since February 1, 2001. We have been married for 5 years. My husband just received a disability/early retirement package from his job. I’m not sure of all of the terms and conditions, but am I entitled to any of this compensation? Am I entitled to half of his pension? Also, I have bankbooks in my name prior to marriage with a lot of money in them. I also purchased our apartment with that money and the apartment is in my name only. Can I deem this apartment separate property? He seems to think he contributed to that bankbook, but he was always on disability or workers compensation, so whatever he made went to our rent at the time and the expenses that came along with that.

Disability- If this payment is a result of some injury or accident

and is in lieu of insurance , it is most likely not marital property and

you do not have any claim to it.

Early retirement – Pension – You do have a claim to approximately one half

of the pension earned during the course of your marriage.

Bankbooks and apartment – If the money and property were acquired by

you prior to marriage and kept in your name , they are separate property

and not marital property and belong exclusively to you.

You mentioned being separated from your husband, was this

a legal separation and was there a Separation Agreement?

It is essential to take care of these matters properly!

If you are living in the NYC metro area please call me to

discuss mediating your divorce and preparing the needed legal papers.

Leonard M. Weiner, Esq. /Divorce Solutions