California-Disability (LTD)

[gettingtired]

If the non working spouse, due to disability, is receiving LTD (Long Term Disability) payments through their employers insurance provider (benefit by employer) is the working spouse legally entitled to receive any portion of the LTD monies as "maintenance" when they divorce?

Marriage is in excess of 10 years. No kids.


Please post your references to your comments

Note that the disability benefit is not California State Disability or Social Security Disability.

 

[nextwife]

If the non working spouse, due to disability, is receiving LTD (Long Term Disability) payments through their employers insurance provider (benefit by employer) is the working spouse legally entitled to receive any portion of the LTD monies as "maintenance" when they divorce?

Marriage is in excess of 10 years. No kids.


Please post your references to your comments

Note that the disability benefit is not California State Disability or Social Security Disability.

WHY do YOU believe the able bodied, working spouse would be entitled to maintenance?

 

[gettingtired]

WHY do YOU believe the able bodied, working spouse would be entitled to maintenance?

The answer should be either YES or NO

Does anyone know the answer to this?

 

[tranquility]

Yes or no are only useful in computer science. Even then it is a definition as to where the potential between two "transistors" lie. Other than that the law is fuzzy. I suspect your attitude will result in zero (aka NO) useful information.

 

[Bali Hai]

If the non working spouse, due to disability, is receiving LTD (Long Term Disability) payments through their employers insurance provider (benefit by employer) is the working spouse legally entitled to receive any portion of the LTD monies as "maintenance" when they divorce?

Marriage is in excess of 10 years. No kids.


Please post your references to your comments

Note that the disability benefit is not California State Disability or Social Security Disability.

The answer is NO because that would violate the 13th amendment to the US Constitution.

However, a judge may "disregard" the Constitution and do anything they want. It's been known to happen in many cases.

 

[gettingtired]

The answer is NO because that would violate the 13th amendment to the US Constitution.

However, a judge may "disregard" the Constitution and do anything they want. It's been known to happen in many cases.

Thank you so much for your response, I knew that there are (some) people on this forum that can answer a question to its point and not dance around a question.

 

[tranquility]

Thank you so much for your response, I knew that there are (some) people on this forum that can answer a question to its point and not dance around a question.

Um...did you look up the 13th amendment? Do you think it applies?

It's always easy to "answer" a question incorrectly.

 

[LdiJ]

Thank you so much for your response, I knew that there are (some) people on this forum that can answer a question to its point and not dance around a question.

You really have to take anything that Bali says with a grain of salt. Its often not legally correct.

 

[nextwife]

If the non working spouse, due to disability, is receiving LTD (Long Term Disability) payments through their employers insurance provider (benefit by employer) is the working spouse legally entitled to receive any portion of the LTD monies as "maintenance" when they divorce?

Marriage is in excess of 10 years. No kids.


Please post your references to your comments

Note that the disability benefit is not California State Disability or Social Security Disability.

Nothing posted above indicates a reason for a disabled party to support an able bodied working party. What did you leave out that is a valid reason for spousal support?

 

[LdiJ]

Nothing posted above indicates a reason for a disabled party to support an able bodied working party. What did you leave out that is a valid reason for spousal support?

There may be some situations where its warranted (but admittedly I cannot think of many).

Example: Highly paid spouse, on disability receiving through employer 75% of salary. The other spouse being minimum wage or slightly higher than minimum wage. I could see the possibility of it happening in that scenario.

 

[nextwife]

There may be some situations where its warranted (but admittedly I cannot think of many).

Example: Highly paid spouse, on disability receiving through employer 75% of salary. The other spouse being minimum wage or slightly higher than minimum wage. I could see the possibility of it happening in that scenario.

I stated that the poster failed to provide any reason. And that is the truth. There was nothing posted that indicated a valid reason.