This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Alimony Spouse Support For Disabled In Philadelphia
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State:
Multi-State
County:
Philadelphia
Control #:
US-00002BG-I
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FAQ
Though there is no set time limit or requirement, the court will generally make a determination on alimony based on how long the marriage lasted, the total value of marital assets, how those assets are divided and whether the spouse receiving alimony has their own, separate assets.
The short answer to your question is no, your ex-wife will not be entitled to any portion of your disability. SCOTUS cases Howell and Mansell govern. Your disability cannot be divided (similar to how a military retirement can be divided) - not even by agreement, although you should never agree to do so.
Yes. A spouse who's disability is permanent and makes them unable to get work that provides an adequate income for swlf-support may qualify for temporary or permanent alimony. Gender makes no difference.
In Pennsylvania, it is possible to avoid alimony through negotiation of terms in the divorce settlement, proof of marital misconduct and establishing financial independence.
Prove your spouse is cohabiting with someone else: If you can prove that your spouse is living with someone else, you may be able to get out of paying spousal support altogether. Likewise, if you can show that your spouse can earn a reasonable living, you may be able to have your alimony payments reduced or eliminated.
Yes, a disabled person may be eligible to receive spousal benefits based on their ex-spouse's Social Security record, even if they are also receiving Social Security Disability Insurance (SSDI). Here are the key points to consider:
§ 3701 (2022).) Usually, a judge will award alimony when one spouse isn't able to support themselves through employment and the paying spouse is able to make the payments.
In Pennsylvania, it is possible to avoid alimony through negotiation of terms in the divorce settlement, proof of marital misconduct and establishing financial independence.