This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the grounds that since this order was made, the conditions and circumstances on which the order was based have materially changed. 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.
Divorce Alimony For Disabled Spouse In Cook
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Multi-State
County:
Cook
Control #:
US-00005BG-I
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FAQ
Since the goal is to protect mutual standards of living, if your ex remarries or finds themselves once again in a steady double-income household, you may no longer be required to maintain or begin alimony payments.
In general, disability benefits are often considered separate property and not subject to division in a divorce. This is because disability benefits are intended to compensate an individual for their own disability and are typically not considered marital assets.
Such accumulated sums would, however, be considered by courts in equitable division states when determining overall property distributions. When calculating alimony, SSDI payments are considered income, while SSI is not.
Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.
Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.
To avoid alimony, make sure that the other party is self-sustaining. If they have the skills and/or education level to make a substantial income, then they won't need alimony.
Divorced Spouses and Social Security Disability If your ex-spouse is receiving Social Security Disability Insurance (SSDI) benefits, you could be eligible for a monthly benefit of up to 50% of their SSDI benefit amount.
If you are age 62, unmarried, and divorced from someone entitled to Social Security retirement or disability benefits, you may be eligible to receive benefits based on his or her record. To be eligible, you must have been married to your ex-spouse for 10 years or more.
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.