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Can a Disabled Spouse Get Alimony

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  • 05-06-2016, 01:54 PM
    Rebecca Bahr
    Can a Disabled Spouse Get Alimony
    My spouse is now filing for divorce I am now disabiled can I ask for alimony?

    We were married in Idaho on September6, 2006 I live in Montana he lives in California now and filing there? If so how do I file for it?
  • 05-06-2016, 01:59 PM
    adjusterjack
    Re: Divorce
    You can "ask."

    Whether you get is anybody's guess.

    Here's the Idaho statute that addresses Spousal Maintenance. It'll give you an idea what the guidelines are.

    https://legislature.idaho.gov/idstat/Title32/T32CH7SECT32-705.htm

    Make sure you petition for it properly. I suggest you consult an attorney.
  • 05-07-2016, 10:23 AM
    CourtClerk
    Re: Divorce
    Quote:

    Quoting adjusterjack
    View Post
    Here's the Idaho statute that addresses Spousal Maintenance. It'll give you an idea what the guidelines are..

    If he's filing in CA, then it's CA statute that you need to be referencing.

    Yes, you can request maintenance. How long between the date you were married and the date where you separated?
  • 05-07-2016, 12:54 PM
    Mr. Knowitall
    Re: Divorce
    There are choice of law issues that can become involved depending on where the case is filed, and whether those issues are raised by the parties. Also, I'm not sure at this point whether the couple lived in Idaho until they separated, or if they lived in a different state after marrying in Idaho.
  • 05-07-2016, 03:06 PM
    Rebecca Bahr
    Re: Can a Disabled Spouse Get Alimony
    It will 10 yr in September. He filed in California. We lived in Montana never lived in Idaho.
  • 05-07-2016, 03:19 PM
    Dogmatique
    Re: Can a Disabled Spouse Get Alimony
    How long have you been separated?
  • 05-07-2016, 04:52 PM
    Ohiogal
    Re: Can a Disabled Spouse Get Alimony
    How have you supported yourself since you separated? (In addition to Dogmatique's question)
  • 05-07-2016, 05:48 PM
    Dogmatique
    Re: Can a Disabled Spouse Get Alimony
    Quote:

    Quoting Ohiogal
    View Post
    How have you supported yourself since you separated? (In addition to Dogmatique's question)

    Twinsies. :p
  • 05-08-2016, 11:05 PM
    Rebecca Bahr
    Re: Can a Disabled Spouse Get Alimony
    We've been separated since 2008 I have worked to support myself now finding I can no longer work as a certified nurse's assistant or resident aide or caregiver as I have.
  • 05-09-2016, 12:11 AM
    Mercy&Grace
    Re: Can a Disabled Spouse Get Alimony
    Have you applied for SSDI and/or SSI through Social Security since you can't work ?
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