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divorce and spouse's rights to disability income

  • Thread starter ???Michigan law
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???Michigan law

If two parties are divorcing and the husband is receing disability income due to a medical disability from a policy he received from his employer, is the wife entitled to half of this monthly income until he stops getting it even after they are divorced? The case law seems to indicate that disability income is considered as "income" for alimony and child support purposes, but wife's counsel is claiming it as a "marital asset" that she should receive 1/2 of? HOW?



I'm in the same boat

I'm in Ohio married 25 years. My husband payed into a retirement account for a long time. He was approved for disability benefits about 7 years ago. My lawyer, (who has never handled a PERS before), is telling me I'm not going to get any of his retirement benefits because it's now a disability account. He said I'm out of luck. If you find anything different, or have any info, I'd really appreciate hearing from anyone who can help. I've got 30 days before my final divorce hearing. Thanks. Robin [email protected]

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