I have been married for over 20 years to a retired veteran who receives only Social Security and VA benefits. I know I can receive Social Security in the future but what benefits am I entitled to during the separation or after the divorce?
You may still be entitled to alimony upon a separation assuming you are the dependent spouse and your spouse is the supporting 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.
I was under the impression that VA Disability could not be touch. Yes, I am his dependent. However, last year I got a side gig and became an independent contractor. On what basis would I qualify for alimony or some support?
You would be entitled to alimony if you are the dependent spouse (you are actually and substantially reliant/dependent on your spouse’s income for your maintenance and support) and your spouse is the supporting spouse (the spouse with the ability to financially support the marriage). There are also 16 factors that that a judge must consider when determining an award of alimony.
For more detailed information on alimony, eligibility requirements, and the 16 factors, check out our article Will You Owe Your Spouse Alimony After a Divorce?
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.