This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Alimony Spouse Support For Disabled In Washington
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When calculating alimony, SSDI payments are considered income, while SSI is not. VA disability benefits may not be considered when dividing marital property.
Louis Harris & Associates, which has surveyed the relationships of people with disabilities for the National Organization on Disability since 1984, found that 13 percent of those it surveyed last year were divorced, compared with 11 percent in 1994 and 9 percent in 1984.
SSDI Benefits for Spouses A spouse of an individual receiving SSDI benefits is also eligible for disability payments benefits in some situations. A husband or wife would qualify if one of these circumstances is met: He is 62 years old or older. He is caring for their dependent child who is under 16 years old.
As a general rule of thumb, courts in Washington State award one year of alimony for every three or four years of marriage. There is no statute or case law explicitly stating this formula, but it is an oft mentioned rule and generally what courts can be expected to do.
In Washington State, the court acknowledges primarily two types of alimony: rehabilitative and maintenance. Rehabilitative alimony is a short-term boost to help the recipient spouse acquire the necessary job skills or education to become self-supporting.
You are not legally obligated to support her. If a divorce is filed the court could make alimony retroactive.
How Does the Court Usually Divide Property? A court in Washington State will usually a) award each party his or her own separate property and b) divide the net value of the parties' community property 50/50.
In essence, the court first looks at the economic need of the party seeking spousal support. The court measures this need by comparing the monthly income of the person seeking alimony with their monthly expenses. The shortfall between a party's income and their expenses is that party's economic need.
In short , yes you can divorce a disabled person. If disability is part of the basis for divorce then you'll have to prove why this is the basis for the marriage to end. Additional Note: I have approached this question from a secular, legal argument position.
How Washington State Alimony is Calculated. The court looks at several factors when determining an alimony amount. Each spouse's assets, debt, age, income and earning potential, the length of the marriage, and the standard of living they are accustomed to can all factor into the decision.