Alimony On Disability Pay?


#1

I have been married less than two years. My wife and I bought a house a year ago. She decided she wasn’t happy with the house, or living conditions because of my low income pay. So she left to live with a friend. I am on SSDI pay. Which is social security disability income. She hasn’t worked since we got married. My question is: If we ended up getting a divorce can she get alimony from my SSDI ?


#2

Yes, your wife could get alimony based on your income from SSDI. Without considering any marital misconduct, she would be entitled to alimony if you are considered the supporting spouse with an ability to pay and she is considered the dependent spouse (substantially dependent on the other spouse or substantially in need of maintenance in support from the other spouse).


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Why did I ever get married.


#4

This is about the dumbest law I’ve ever seen. But I guess I’m the dumb one for ever going through with the marriage. Never again.


#5

Anna,

Another question on alimony. My wife left about a month ago and is seeking and is expecting
to start working. If she’s working could she still get alimony from my SSDI ?

Thanks,
Craig


#6

Your wife could get alimony if she is the dependent spouse (and you are the supporting spouse) and she has a need for support (and you have an ability to pay). When determining alimony amounts, the current incomes of both parties are considered.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#7

Thank you for responding back.

Ayscue