Couple married >20 yrs., no kids, no debt, wife almost 100% disabled by MS and other medical problems. I am willing to make a very generous settlement (house + half of everything else) but am very disturbed by the prospect of losing absolutely everything, including any future income.
Will the court leave me any assets after the divorce? Is there any "rule of thumb" for this?
Divorce / Separation Lawyer
Many judges say that after 20 years everything is presumed cut down the middle and someone needs to show why that shouldnt happen. No one is left without assets, but the needs of your spouse will certainly be an issue. There seems no way around a lifetime alimony order in your case. Speak with local counsel and good luck
This information provided is in the nature of general information and in no way creates an attorney client relationship with anyone including the individual who posted the question.
1 found this helpful
3 lawyers agree
Estate Planning Attorney
No rules of thumb, but this is definitely a case where alimony is a likelihood given the duration of the marriage and the nature of the disability. If a pension is involved, there may be a distribution issue with that as well. It is a consideration for the judge in determining property settlements what the health status of the spouses are. Based on this, it's quite possible for her to get a larger share of the marital assets. In order to have a fuller understanding of your exposure, you should see a family lawyer.
1 found this helpful
2 lawyers agree
Family Law Attorney
There may be some creative ways to fashion an agreement on this fact pattern. As a family lawyer, I would work with a lawyer experienced in elder law and disability benefits to come up with proposals that utilize resources that may be available in addition to your marital savings and income.
I wrote this to help you and others who may face issues like yours in the future. I hope you find my response to be helpful and informative. If you do, please click the thumbs up icon. If this is your question and you find my answer to be the most helpful, please click best answer. I appreciate feedback. My answer is not legal advice and does not establish a client/attorney relationship. The question may not be a complete or accurate description of the problem and there is no chance to ask a follow up question. It is impossible to give complete advice without a thorough discussion of the facts, such as we would have during an initial consultation. Further, laws are different from jurisdiction to jurisdiction and are subject to change. So, please, do not act on any information provided without consulting with a lawyer licensed to practice in your jurisdiction who has experience with the kind of issues that concern you.
1 lawyer agrees