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  1. #1
    Join Date
    Sep 2005
    Location
    Akron, OH
    Posts
    3

    Default Chances of Spousal Support When Divorcing a Disabled Spouse

    aaron;
    I've been searching and searching for any information concerning divorcing someone who is emotionally disabled, medically disabled, receiving disability through ex-employer. Number 1) Are there states that deny divorce of someone considered disabled? Number 2) What can the disabled person expect as far as spousal support in the State of Ohio? My husband walked out on me in June, I have no idea where he is living. He says it's with one of his male friends. I don't know if I believe this or not, considering that the reason he left is because I stumbled upon a voice message on his cell phone from another woman, pretty much showing that it was more than just a friendship. I desperatly need this information. We've been married 8 yrs, if you count living together, 11 years. His an Air Force Reservists, just received his bachelors degree, and after working at jobs that paid very decent salary, commisions, and great health benefits, he got fired and decided he was going to take a job with an insurance supplemental company, with no salary, no insurance. What do I do, what can I expect? Help me please. May I finish this by stating that I do not want a divorce, I'd be willing to file for a legal seperation. Thank you for any help you can offer! :cry:

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,650

    Default Re: divorcing the disabled and what chance of spousal suppor

    Quote Quoting rmrine
    Number 1) Are there states that deny divorce of someone considered disabled?
    If a party to divorce proceedings is mentally incompetent, it may be necessary for the court to appoint a guardian to assist them with the divorce process.

    Quote Quoting rmrine
    Number 2) What can the disabled person expect as far as spousal support in the State of Ohio?
    Under Ohio law, spousal support appears to be determined on a case-by-case basis:
    Quote Quoting Synposis of Ohio Revised Code Sections 3105.18, 3105.71, and 3105.17
    Either spouse may be awarded reasonable spousal support, in lump sum or in periodic payments, based on a consideration of the following factors:

    (1) whether the spouse seeking support is the custodian of a child whose condition or circumstances make it appropriate for that spouse not to seek outside employment;
    (2) the earning ability of both spouses;
    (3) the income of both spouses, including marital property apportioned to each spouse and each spouse's ability to meet his or her needs independently;
    (4) the contribution of each spouse to the education, earning ability, and career-building of the other spouse, including the spouse's contribution to the earning of a professional degree by the other spouse;
    (5) the age of the spouses;
    (6) the physical, mental, and emotional conditions of the spouses;
    (7) the relative assets and liabilities of the spouses, including any court-ordered payments;
    (8) the educational level of each spouse at the time of the marriage and at the time the action for support is commenced;
    (9) the standard of living during the marriage;
    (10) any pension or retirement benefits of either spouse;
    (11) the duration of the marriage;
    (12) the tax consequences of the award;
    (13) the time and expense necessary for the spouse seeking support to acquire education, training, or job experience to obtain appropriate employment;
    (14) the lost income-producing capacity of either spouse resulting from marital responsibilities; and
    (15) any other relevant factor.

    Marital fault is not a consideration.

    The court may require a spouse to provide health insurance coverage for the other spouse.

  3. #3
    Join Date
    Sep 2005
    Location
    Akron, OH
    Posts
    3

    Default Realistic breakdown of cost and were it all goes in filing.

    aaron;
    Do you have any idea or answer to what I stated in subject concerning this in the state of Ohio? :cry:

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,650

    Default Cost of Divorce

    If you wish to price out divorce in Ohio, I suggest you contact a few lawyers in your county.

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