Thursday, November 3, 2011

Q & A: Effect of Disability on Spousal Support

Q: Can the fact that my husbands mental disability has affected me help in court?: My husband and I had a wonderful marriage for 30 years. 11 years ago he was diagnosed as 70% mentally disabled, 30% unemployable...= 100% disability from the Veterans Administration. Since he has been diagnosed,he's changed and I have been in counseling for those 11 years due to depression from how he lied to me to make me feel guilt for things he's done, his emotional detatchment, etc. I have been an out patient in a psychiatric hospital due to depression caused by him. If/when he files for a divorce can I use that against him to try to get more support. I worked full time up till 11 years ago, then my major depression became disabling. Thank you for your help

Asked 1 day ago in Divorce

A: The circumstances that you have described are valid factors to be considered by the court in any subsequent divorce action in determining not only the issue of spousal support, but also the division of marital assets, payment of marital debts, and any attorney's fees award. In addition, as a veteran, there may be a number of benefits that your husband either currently receives or may be eligible to receive in the future (such as health insurance, life insurance, military retirement benefits, and survivor benefit annuities) that would also need to be considered by the court in determining support and equitable distribution issues. I would recommend that you contact a Virginia family law attorney to discuss this matter in further detail.

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