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johnconway
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Reged: 10/21/08
Posts: 9
Disabled +adulterous wife. How to get spousal supp
      #465741 - 10/21/08 12:07 PM

I have been sick since Sep 2006. I got separated in July 2007 after discovering adultery by my wife. I went on disability immediately after separation (before that I had been working somehow but the adultery shoock was too much to bear and my condition worsened).
Our marriage lasted little less than 5 years. Now the insurance company is creating problems in extending disability. My disability is 85K while my estranged spouse makes approx 120K (including stock options). I am in early thirties and my chance of joining workforce are close to nil.
The divorce process will start now though I filed for it in August 2007. Can I ask for spousal support given that
a)The disability company is not paying up (I suffer from rare pain problem so it is difficult to convince insurance company of the extent of the problem. I myself can't get out of bed and keep on running between the docs to get more and more documentation)
b) She makes more income and my chances of rejoining workforce are very low)


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ILMimi
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Reged: 01/03/08
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Re: Disabled +adulterous wife. How to get spousal supp [Re: johnconway]
      #467371 - 10/23/08 04:47 PM

With a 5 year marriage it will be difficult to get SS. I suggest you look into government disability if your private policy disability won't pay anymore.

Unless you have solid proof confirmed by a doctor of your inability to work you may have your income imputed to your last verifiable income. In that case, your incomes will be so similar (is yours even higher than hers when working full-time?) there is an even lower chance of SS.

Many spouses find their wives or husbands have cheated on them and are not incapacitated by it. It seems to me you will need to find a way to get past this independently and without your wife's income to help. Was there any equity in the home accrued during that time (or other assets)? You would be entitled to your portion of the marital assets accrued during the marriage.


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