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LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

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DISABILITY INCOME

Oct 31, 2018

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 […]

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Oct 30, 2018

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 […]

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