Can I sue for alimony if I receive Social Security disability?

Question

I am disabled and receive Social Security Disability. I am also married. My husband is tired of me and I think he is going to ask for a divorce. If he does, I won't have enough money to be on my own. Will I be able to sue him for alimony? If so, how do they base how much? We don't own anything valuable, or have any savings. I don't want to end up homeless. Thanks to all who can help.

I live in the state of Georgia

I already tried this in the legal section with no help, thanks.

Answer 1

Alimony is awarded by a judge during a divorce decree. You and your husband could use mediator to establish an appropriate amount of alimony to suggest to the judge.



SSDI is simply considered part of the income you have and bears upon how much alimony you would get to supplement it to meet your needs that your husband has available to him. It does not in any way prevent you from getting alimony.



You can only get alimony based on what he has. You can't get alimony/money if he doesn't have a source of income. How much you get depends on how clever the lawyers are and the judge.



Chiliswoman

Answer 2

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Answer 3

I'm not an attorney, but am going through a divorce. There are some very good references on specific state laws that should give you some preliminary information. Check your local library or Google "Divorce laws" + Georgia. It sounds as though you are going to need an attorney though. From my understanding, courts will look at "unconsionable disparity" between your income (SS disability) and his, and if there is a significant difference he will have to pay. They will likely look at your age, education, employability, reasons for marriage breakup, and that sort of thing as well. I am learning that there are few hard-and-fast rules to alimony so an attorney's advice is recommended. It may be an excellent investment for you and your future. If you do not have any money at all, you might want to check with a local woman's center / shelter for ideas on attorneys that might work for free or for reduced fees. Best of luck to you.

Answer 4

This is why prenuptial agreements aren't a bad idea. I don't like the idea of being in a situation where one person makes the lion's share of income, yet when a divorce happens it's entirely possible for the person who makes the money to have to give up a large percentage of it to the person who didn't do squat to earn it.



Edit: I'm not debating the marriage vows. But the fact is that about half the marriages in this country end in divorce. And with keeping that in mind it would behoove two people who are about to get hitched to discuss a prenup. Should I ever get married I would insist on one. I'm sorry for your accident, were your compensated for your injuries?