Divorce Settlement


#1

My wife left me about 6 weeks after I was diagnosed with lupus. I pleaded with her that I needed her and that this is what marriage is all about. My employer is now considering terminating me due to the limitations of my newly diagnosed disease. I am 55 and my wifey is 34. Her income is about double what I make. Due to the joint problems in my hands and fatigue I am experiencing from lupus I am very concerned about my future earning potential. I am still in the house which we own but am very concerned about how long my funds will hold out. She moved out October 2009 and is now hinting about ending our marriage of 8 years. What do you feel I could expect in a divorce settlement? Thank you for all of the assistance you have given me.


#2

Based on the disparity in your incomes, and your potential reduction in income due to your disability you are entitled to make a claim for alimony. Your wife is a supporting spouse and owes you a duty of support. The court makes alimony determinations based on the reasonable needs of the dependant spouse and the ability of the supporting spouse to pay. You can also make a claim for attorney’s fees and seek an award of the same from your wife for attorney’s fees incurred in seeking support.

With respect to property you can expect to receive one half of the marital estate.

I suggest you set up a consultation with a lawyer to review the specifics of your situation and to create a plan of action.