• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Do I have any legal rights as a disabled spouse

  • Thread starter Thread starter hmmbrdzz
  • Start date Start date

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

H

hmmbrdzz

Guest
What is the name of your state? North Carolina. Is this where I post my question?
 


C

cyana

Guest
Yes this is the right place.

I'd suggest you look on www.divorcesource.com and www.divorcenet.com under NC Divorce law for starters. If you're asking about any special concessions as a disabled spouse, neither site specifically addresses that issue per se. "Equitable division" states have provisos that alimony/maintenance *may* be awarded may be awarded to a spouse in poorer health, assuming he/she has less earnings or "earning capacity" than the "healthier spouse. But that just one of the many criteria that is used in an alimony determination. "Equitable division" states also allow for an award of over 50% of the marital assets, and an unequal distribution of the marital debts. In most cases, it's better to work splitting the assets/debts out between spouses and not have the Judge decide.

I, too, am "totally and permenantly disabled", live in a house that has been modified for wheelchair use when I had an accident 6 years ago, yet I still have to sell the house when my son graduates from High School in June 2004. Because I was married over 20 years, under Delaware law I was entitled to lifetime alimony. But more because we were married over than 20 years than because I was disabled. It's not much and hardly will sustain me in the lifestyle I "enjoyed".

I recommend you get a low cost consultation from a family law practioner.

Best wishes...
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top