Divorce Solutions

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 maintenance. 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. It will depend 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 you 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. Many other important issues should be discussed and decided and incorporated into a legal separation agreement, and an experienced,matrimonial attorney should prepare it. This is a matter of importance and should not be left to self-help.

Leonard M. Weiner, Esq. /Divorce Solutions