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Living Separately and Spousal Support

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Its4mea

New member
What is the name of your state? I live in Missouri.

Can I file for spousal support without getting divorced?

My husband and I were married in May, 2004 and we have been living apart since December, 2014. In June, 2012, we started having marital problems and my husband found a way around the judicial system, to keep from paying spousal support. I am 100% totally disabled. I was disabled when my husband and I met, before we were married. In the last house that we shared, my husband handle the paperwork of our lease agreement. My husband decided to have his name on lease only because my credit wasn't the best at that time. However, I didn't know that my name had to be added, as occupant. He never told me. The apartment manager cited him in violation of our lease because he didn't add me as an occupant and since we were going through problems, he had the aparment manager to evict me, which I was. I was charged with "An Unlawful Detainer" and I had to leave my home. I have been moving from place to place, since December, 2014 until June, 2018 and during that time, I lived in my car fo r 8 mont hs. I finally found a decent place to live but I can't afford do it without financial help. I contacted the state for assistance but I'm 70% over their poverty level. My husband works for the United States Postal Service, as a Letter Carrier and he earns at least, 30 an hour. Due to my Christian belief, I can't file for a divorce. However, my husband, it's not about his Christian beliefs, it's to keep from paying spousal support. Do I have to divorce my husband in order to seek spousal support?'
 


t74

Member
You obviously have some income. What is its source/sources? You are no worse off now than if you had not married if your income is based on your pre-marriage disability award continuing to date.

In my area there are housing options for the elderly and disabled with rents based on income. Have you limited your options by being too specific on location? Have you consulted social service agencies which assist the disabled for help? Is your income being based on including his in the formula and that and not your income alone the problem?

A divorce will not guarantee spousal support. Your situation is complicated by the fact you have lived apart and survived at over the poverty level for more than 4 years.

Getting spousal support is not necessarily going to help if he were to die. Social Security survivors benefits are more complicated for younger and disabled individuals than for those of retirement age. There are more things to consider than just the immediate problem.

You really need to consult a family law attorney and/or one specializing in disability planning. The agency assisting the disabled is a good source of attorney recommendations.
 

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