My Ex Is on Disability. Will I Still Get Alimony in Louisiana?

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When you and your spouse get divorced, you’ll need to consider several things. Often, a significant point of tension for the involved parties is alimony payments. These are often tricky to navigate but can become even more complex if your ex is on disability. If this reflects your circumstances, it’s essential to understand what you can expect from the outcome of your divorce. The following blog explores how a Monroe, Louisiana alimony lawyer can help you navigate these complex times.

How Is Alimony Determined in Louisiana?

There are a number of factors that will impact the outcome of alimony payments in Louisiana. Generally, the courts will consider the following elements:

  • How old each spouse is
  • The standard of living both spouses enjoyed during the marriage
  • The earning capacity of each spouse, including the current job market and training necessary
  • How much each spouse contributed to the marriage, both financially and domestically

In Louisiana, it’s imperative to understand that if one spouse has an affair or is unfaithful to their spouse, it will likely bar them from collecting alimony. Additionally, the courts will heavily consider if the spouse seeking alimony is a victim of spousal abuse.

Will I Get Alimony if My Ex Is on Disability?

Whether or not you will receive alimony if your spouse is on disability is dependent on a few different factors. For example, if your ex is on Supplemental Security Income (SSI), these payments will not be garnished to go toward your alimony.

However, if your ex is on Social Security Disability Income (SSDI), their payments from the government will not change. Nonetheless, you’ll find you may be eligible to receive alimony under the following circumstances:

  • You were married for at least ten years
  • You are at least 62 years old
  • Your Social Security benefits are smaller based on your own previous income
  • You did not get re-married after your divorce.

Additionally, if the following factors apply, with the only change being that you are at least 60 or at least 50 and have a disability, you can also receive SSDI benefits in the event your ex-spouse passes away.

What Should I Do if I Need Assistance With My Divorce?

If you are going through a divorce, you’ll likely have a considerable amount of questions and concerns regarding the dissolution of your marriage. As such, it’s critical to ensure you connect with an experienced attorney.

Divorces are just as much legal and financial matters as they are emotional. As such, letting a professional handle these matters is critical to ensuring you move through this process with as much ease as possible. At Breithaupt, DuBos, & Wolleson, our dedicated team is ready to help you through these complex matters. Contact our firm today to learn what you must know about these unique circumstances.

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