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  1. #1

    Default Indefinite Spousal Support for a Disabled Spouse

    My question involves a marriage in the state of: Oregon

    Duration of marriage was 4 years. Wife was having a severe depression starting long before marriage. Wife was working before the marriage, but stopped working when she got into a car accident and qualified for disability for the same symptoms (severe depression). Husband is employed FT with little over minimum wage hourly pay. Wife now wants maintenance spousal support indefinitely because she was disabled during the marriage based on Timm v. Timm 200 Or.App. 621 (2005) where the court awarded indefinite SS when the wife was disabled and was unable to work while husband was in good health and had good income with bright future.

    I did extensive research and found out that the wife is entitled to indefinite SS when she was disabled and could no longer work. If the wife was capable of working even after disability, only then the SS was limited.

    My question is:

    (1) Although W began receiving disability benefits during the marriage, we have proof that W was mentally ill prior to the marriage. Does H owe an obligation to W for indefinite SS when W's disability was a pre-existing condition?
    (2) Are there any ways H can avoid indefinite SS given the fact pattern above?

    It seems very inequitable for H to be liable for the rest of his life. On a side note, W seems to enjoy the disability benefit when she is capable of working but is not willing to work.

    Thanks in advance.

  2. #2
    Join Date
    Apr 2009
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    Default Re: Indefinite Spousal Support for a Disabled Spouse

    Get thee to an attorney. Spousal support is never a guarantee and outside of California it's even less so for a short term marriage.

    1. How does husband intend to get wife's medical records?

    2. Yes - simply because it's not a given.

    An attorney is strongly recommended.

    (If anyone else would like to read the case mentioned, it's here: http://www.publications.ojd.state.or...cs/A123762.htm )

    - - - Updated - - -

    (One minor point - disability is incredibly difficult to get. SSA doesn't just hand out checks; she must have had a solid case)

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Indefinite Spousal Support for a Disabled Spouse

    Quote Quoting Dogmatique
    View Post
    Get thee to an attorney. Spousal support is never a guarantee and outside of California it's even less so for a short term marriage.

    1. How does husband intend to get wife's medical records?

    2. Yes - simply because it's not a given.

    An attorney is strongly recommended.

    (If anyone else would like to read the case mentioned, it's here: http://www.publications.ojd.state.or...cs/A123762.htm )

    - - - Updated - - -

    (One minor point - disability is incredibly difficult to get. SSA doesn't just hand out checks; she must have had a solid case)
    I think that this part:

    Husband is employed FT with little over minimum wage hourly pay
    is what is going to stop things for the wife...assuming that this is the husband's basic career path. If there is some reason why husband's current earnings are temporary, then that's a whole 'nuther story.

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