Divorce Alimony For Disabled Spouse In Maricopa
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FAQ
In Arizona, alimony is considered reasonable if it is less than 50% of the paying spouse's income pre-divorce. Most reasonable spousal maintenance payments fall between 15% and 30% of the paying spouse's pre-divorce income to enable the receiving spouse to meet their own needs.
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.
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.
You can divorce any spouse. Whilst I would advocate that divorce is a last resort for most. Pre-existing physical disability should not be any part of that decision, though how much consideration towards his/her condition - subsequent to divorce- is up to you.
If you were married for at least 10 years to your former spouse, you may be eligible for monthly benefits based on their earnings record, even if they have remarried. In order to receive these benefits, you must be at least 62 years old and have a disability that prevents you from working.
First Step: Eligibility for Alimony Judges may award alimony to a spouse who: doesn't have enough property to meet that spouse's needs, even after the couple's property has been divided in the divorce. doesn't have enough earning ability in the labor market to be self-sufficient.
It is rare that a spouse who is on disability would end up paying alimony. These payments are meant as spousal support, and it seems hard to believe that someone who cannot work would have to support someone else who is capable of supporting themselves.
First Step: Eligibility for Alimony Judges may award alimony to a spouse who: doesn't have enough property to meet that spouse's needs, even after the couple's property has been divided in the divorce. doesn't have enough earning ability in the labor market to be self-sufficient.