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 Hillsborough
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State:
Multi-State
County:
Hillsborough
Control #:
US-00005BG-I
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FAQ
If the court grants a divorce based on a spouse being incapacitated, the judge may award the insane spouse alimony. Also, a mentally ill spouse has just as much right to the marital estate as a sane spouse.
Individual Benefits: If you are receiving SSDI based on your own work record, your benefits will not change after divorce. You will continue to receive the same amount you were receiving prior to the divorce.
In Florida, self-sufficiency can disqualify you from receiving spousal support or alimony in Florida. If the court determines that you have the financial means or can gain employment to meet your needs of independently, you may not be eligible for alimony.
While some jurisdictions will not allow an individual lacking capacity to file for divorce, others will permit it if a guardian/conservator can demonstrate that it's in the person's best interests. Certain states allow a guardian/ conservator, with court approval, to file on behalf of a ward, while others do not.
The petition is filed with the court that entered the original alimony award. The clerk will process the petition and you will have to request a hearing for the Judge to review and consider the request. You and your ex-spouse will both need to attend the hearing.
The only grounds for divorce in Florida unfortunately are irreconcilable differences or where one spouse has been living with a person who has been adjudicated by a court to be mentally incompetent.
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.