Would I Be Entitled to Alimony If I Am Handicapped & Cannot Work?
- Different types of alimony or spousal support may be awarded (by a judge) or agreed upon (by the divorcing couple), depending on the couple's particular situation. The spouse with the higher income is generally the one responsible for paying support to the lower-earning or unemployed spouse. Support may be awarded on a temporary or short-term basis soon after the petition for divorce or legal separation is filed, until long-term payments can be established or support is unnecessary. Short-term support is primarily for ensuring each spouse's bills and living expenses continue to be paid during the divorce process and their financial status quo of marriage is maintained. If you are handicapped and cannot work, it is likely you would be awarded more than just temporary support.
- Limited-term support, also known as rehabilitative maintenance, gets paid for a pre-determined length of time. The intended purpose of limited-term support is the supplementation of the lower-earning spouse's income while that spouse finds work, completes an education or somehow becomes self-supporting. It is often awarded to spouses who have given up or left a career to raise children. If your handicap only prevents you from performing certain types of work, you may receive limited-term support for a number of years to allow for your re-education or re-training to learn new job skills that will allow you to work and support yourself.
- You are entitled to long-term alimony if you are handicapped and cannot work at any type of job. With this scenario, you are more likely to receive support for many years or indefinitely (or at least until you die or remarry). It depends largely on the state where you live and is determined on a case-by-case basis. The amount and length of the spousal support is calculated using several factors, including, but not limited to: overall health condition, age, length of the marriage, education, earning potential, contributions during the marriage, financial status during marriage, alternative sources of income and the type of disability involved. If long-term support gets terminated, it can be reinstated if the need arises.
- In the process of determining how much alimony you are entitled to receive, your spouse may be able to have an independent medical evaluation done to determine the extent of your handicap and the scope of your physical or mental limitations. It will depend on the dissolution laws for the state where you live. If your disability has kept you out of the work force for some time and you are currently unemployed, the court may direct you to undergo an examination by a vocational training consultant.