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    angelanewton221's Avatar
    angelanewton221 Posts: 3, Reputation: 1
    New Member
     
    #1

    Mar 3, 2014, 08:14 AM
    Divorce of a spouse that is age 46 and receiving ss diasbility benefits
    If my spouse divorces me and is receiving social security disability at age 46 do I have to pay her allimony
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Mar 3, 2014, 08:20 AM
    One has nothing to do with the other. Alimony is spousal support ordered by a court depending on a number of factors.
    angelanewton221's Avatar
    angelanewton221 Posts: 3, Reputation: 1
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    #3

    Mar 3, 2014, 08:21 AM
    Divorcing a disabled spouse in ga can I be made to pay her alimont
    If my husband divorces me and I am age 46 and on social security disability in ga can I make him alimny?
    angelanewton221's Avatar
    angelanewton221 Posts: 3, Reputation: 1
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    #4

    Mar 3, 2014, 08:27 AM
    Does adultery matter and I have no place to live can I make him by law get a place to live he committed adultery and it can be proven
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Mar 3, 2014, 08:27 AM
    Yes and no. The courts look at the totality of the circumstances, your prior work, ability to work, current income,

    His pay, even perhaps reasons for the divorce ( although Georgia really needs no reason, but contested divorce and asking for payment may require a show of cause.

    Also if received, it will be limited, and often a percentage of the years married, if he was the main or only support.

    Example, a man making about 45,000 married 10 years, wife never worked, he was required to pay about 300 a month for two years in Georgia, in a past case.
    But the total issue differs.

    So you will have to hire an attorney and file for divorce and support.
    Of course do not expect it right away, a contested divorce can take from a year to two years to get though Ga civil court in many areas
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #6

    Mar 3, 2014, 08:37 AM
    No you can't force him to move out. If you are wanting a divorce, do you have family you can stay with if not a place of your own? In the divorce process the judge can look at the adultery in dividing up assets. Right now it matters very little. If the two of you can't work out the technicalities about who gets what it will be up to the judge. So it is still possible that you can end up with the house but if he is unwilling to leave you can not force it until the divorce. About the alimony, that is dependent upon a number of things.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Mar 3, 2014, 09:48 AM
    In your initial note you referred to "[COLOR=#333333]pay her allimony". Then you apparently posted another thread in which you talked about making your husband pay you alimony. Sounds like you are confused about the facts here. Which is it? Are you the wife being divorced or what?

    Spousal support is not as common as one thinks. More often than not there is none. Most divorces are no fault these days so committing adultery may not matter. You really should consult a divorce attorney.

    Neither of you can force the other out of the marital home until a judge rules on it. Who gets the marital home is a negotiation.


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