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.
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.
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.
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