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Am I entitled to half of my husbands back pay once his disability is approved? How do I protect myself? He has already moved out

Blanchester, OH |

my husband and I are not legally separated but he has moved out and is living with another woman. My spouse quit his job 2.5 years ago and filed for disability which we will be going to court on in a couple weeks. Because he has had no income I have worked 50-70 hrs since he quit to try and make ends meet. We have had to take money out of my 401K to also help cover cost of things.

Attorney Answers 3


  1. Even if the back pay is considered his separate property, as opposed to marital property, you have a right to fight for an equitable distribution from that money. You definitely need to contact a local attorney. An attorney can help you assess the strength of your case.

    The advice given is general in nature and does not constitute legal advice or the establishment of an attorney-client relationship; nor does it supersede any specific advice given to you from an attorney you consult directly in your local area.


  2. If nothing else, have your attorney use this http://codes.ohio.gov/orc/3105.171 and go to the very end and argue for a distributive award.

    Attorneys on Avvo donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful" to your questions.


  3. You need to consult with an attorney in your area to give you your options. You should be entitled to something depending on what option they think would be in your best interest once they have all the facts.

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