Susan

[susangarciagine]

What is the name of your state (only U.S. law)? NY
I have been married almost ten years to a disabled vet...he recieved disability compensation at a 100% permenant and total..he also recieves SSD
Now when I married him I worked and I sold everything I owned including my car to move to PR to help him out.
When I met him he had a 10% rating and we lived off my savings and unemployment that I had gotten.
Over the years and alot of difficulity he recieved his 100%..which I stuck with him through..
What I want to know is ...if we get divorced am I entitled to any kind of alimony...being that I have had 2 strokes since I married and am unable to work at all
This man seems to think that he is going to throw me out with nothing..which I think is very unfair considering the sacrifices that I have made over the years
Thanks for any info and help

 

[Silverplum]

What is the name of your state (only U.S. law)? NY
I have been married almost ten years to a disabled vet...he recieved disability compensation at a 100% permenant and total..he also recieves SSD
Now when I married him I worked and I sold everything I owned including my car to move to PR to help him out.
When I met him he had a 10% rating and we lived off my savings and unemployment that I had gotten.
Over the years and alot of difficulity he recieved his 100%..which I stuck with him through..
What I want to know is ...if we get divorced am I entitled to any kind of alimony...being that I have had 2 strokes since I married and am unable to work at all
This man seems to think that he is going to throw me out with nothing..which I think is very unfair considering the sacrifices that I have made over the years
Thanks for any info and help

I can't imagine that you are "entitled" to alimony. Your marriage is that long, and he has no ability to support himself.

You need to look into getting your own disability checks.

You are also entitled to approximately 1/2 the marital assets and 1/2 the marital debts.

 

[LdiJ]

I can't imagine that you are "entitled" to alimony. Your marriage is that long, and he has no ability to support himself.

You need to look into getting your own disability checks.

You are also entitled to approximately 1/2 the marital assets and 1/2 the marital debts.

I am not sure that I agree. I agree that she should be looking into getting her own disability checks, but I am not sure that alimony is out of the question. He is kicking a spouse to the curb who has suffered two strokes during the marriage, and his income is probably at least 40k a year, if not more.

 

[Silverplum]

I am not sure that I agree. I agree that she should be looking into getting her own disability checks, but I am not sure that alimony is out of the question. He is kicking a spouse to the curb who has suffered two strokes during the marriage, and his income is probably at least 40k a year, if not more.

He's on 100% disability. She says she can't work, either. Who is supposed to support whom, and after a shorter marriage, at that?

I'll do the agree-to-disagree thingy.

 

[nextwife]

I am not sure that I agree. I agree that she should be looking into getting her own disability checks, but I am not sure that alimony is out of the question. He is kicking a spouse to the curb who has suffered two strokes during the marriage, and his income is probably at least 40k a year, if not more.

And from what source did you locate that data? Why do you presume his disability benefits are any greater than hers?

 

[Silverplum]

And from what source did you locate that data? Why do you presume his disability benefits are any greater than hers?

I'm pretty sure the "data" derives directly from the guy's manparts.

 

[nextwife]

his income is probably at least 40k a year, if not more.

I'm really perplexed about this number. What source was it derived from?
Was there a thread or post I missed?

Or where there was ANY information that OPs disablity benefits would be any less than her husbands? After all, if she was accruing SS credits for a decade LONGER than hubby, she might very well have HIGHER benefits. But I wouldn't venture to guess any dollar amount.

 

[IrishLady47]

Don't see how his SSD can be calculate w/o more information, but he is drawing $2669 a month VA Disability Compensation if he is rated at 100%. So that is in excess of $32,000 a year (non-taxable income).

Agree that she needs to file ASAP for her own SSD if she is disabled now. And, not to say she would or should be awarded alimony, but VA Disability is considered income for consideration of alimony. It cannot be considered a pension for property distribution however.

 

[LdiJ]

And from what source did you locate that data? Why do you presume his disability benefits are any greater than hers?

Perhaps, as a tax professional I might just have tad more knowledge than you do of just how much veteran's benefits are worth.

She stated that he has veteren's benefits PLUS SSDI, which is not uncommon at all for vets, and even if she was eligible for the same level of SSDI benefits that he receives, his income will be much higher than hers due to the veteran's benefits.

I could go into a lot more depth but that is sufficient to respond to your question.

 

[IrishLady47]

Perhaps, as a tax professional I might just have tad more knowledge than you do of just how much veteran's benefits are worth.

You have this knowledge because you're a tax professional? Horse hockey pucks! Public knowledge available at www.va.gov. Anyone can find this out using google.

 

[LdiJ]

You have this knowledge because you're a tax professional? Horse hockey pucks! Public knowledge available at www.va.gov. Anyone can find this out using google.

I know it off the top of my head because I am a tax professional, and therefore see many returns with VA disability income on them. That does not vary nearly as much as SSDI does.

And yes, despite the fact that VA disability income is non-taxable, if the party has other income, or is married filing jointly, it still has to be taken into consideration when filing the tax return, and if they aren't considered 100% disabled, some of it is taxable.

 

[LdiJ]

Don't see how his SSD can be calculate w/o more information, but he is drawing $2669 a month VA Disability Compensation if he is rated at 100%. So that is in excess of $32,000 a year (non-taxable income).

Agree that she needs to file ASAP for her own SSD if she is disabled now. And, not to say she would or should be awarded alimony, but VA Disability is considered income for consideration of alimony. It cannot be considered a pension for property distribution however.

We can't know what the SSDI is. However, 8k a year would be fairly low (about 650.00 a month), so a 40k estimate for his total income is not out of line.