disabled spouse

[jvanpelt]

NY

Have been married for 8 yrs, no kids. For last 4 yrs spouse is receiving SSDI of $1900 a month. My salary is 95K. I am contemplating a separation/divorce. What can I expect to pay in spousal support?
thanksWhat is the name of your state?

[Ohiogal]

When did spouse become disabled? What other assets are there available?

[jvanpelt]

My husband became disabled by SSI 9/2003. He has about 70K in IRA's and the back pay from disability. We do not own property, no kids. I have my retirement monies and small saving account.

[LdiJ]

Originally Posted by jvanpelt

My husband became disabled by SSI 9/2003. He has about 70K in IRA's and the back pay from disability. We do not own property, no kids. I have my retirement monies and small saving account.

You would each be entitled to 1/2 of the other's retirement accounts, and 1/2 of the saving's account. If you own your home you would each be entitled to 1/2 of the equity.

What are your respective ages? Alimony definitely is a potential issue here. Normally I would say not, because the marriage is fairly short term, but when a disability is thrown into the mix, that changes things.

[Ohiogal]

I agree with LD. You are looking at paying alimony for a few years at least.

[nextwife]

Originally Posted by LdiJ

You would each be entitled to 1/2 of the other's retirement accounts, and 1/2 of the saving's account. If you own your home you would each be entitled to 1/2 of the equity.

What are your respective ages? Alimony definitely is a potential issue here. Normally I would say not, because the marriage is fairly short term, but when a disability is thrown into the mix, that changes things.

They have been married nine years: we do NO know if the entire retirement accounts were premarital, nor when the house was purchased, and if it was paid in full pre-marriage. Therefore, I really don't think we can declare they each get half the named 401ks, IRAs or house

[LdiJ]

Originally Posted by nextwife

They have been married nine years: we do NO know if the entire retirement accounts were premarital, nor when the house was purchased, and if it was paid in full pre-marriage. Therefore, I really don't think we can declare they each get half the named 401ks, IRAs or house

You are correct, I intended to add, and neglected to add "accrued during the marriage".