carolc956
New
Reged: 07/18/07
Posts: 4
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My husband and I are getting a divorce in Hawaii where we lived since 1994, I still live Here. He has lived in Texas for the last 2 years. When we got married in 1990 he was on a disiblity penson. Am I entitled to any part of this? It was used in our marriage as income for both of us. He also has a Social Security Disability from the federal Gov. He is 65 in August of this year 2007.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2147
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That would depend on your income .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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carolc956
New
Reged: 07/18/07
Posts: 4
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I don't have a job. I have had major back surgery with a cage and 2 rods in my back, I have had 2 heartatacks and no one will hire me. It takes all my time and effort to take care of the 20 acres and buildings we own. I have only just started trying to get disibilty. I don't have any money to hire help. And can't get welfare because we are still married. He is working in texas and makes too much money even though only $1098 a month is sent to me to pay for a loan he took out on the property before he left. I can't get food stamps, or any kind of help. I have the property up for sale, but until it sells I can do nothing. My sense of morals have nothing to do with this I'm just trying to survive here. I can't just walk away my inheritance and hard work is tied up in this. I'm trying to do what is right. but he says he can't help anymore and wants to quit paying the money he sends for the loan. What am I supposed to do?
Edited by carolc956 (07/19/07 03:59 PM)
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2147
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You're going to have to file for divorce and request spousal support .
Spousal Support: Not all cases involve support from one spouse to the other. The obligation of one spouse to support the other financially for a temporary or permanent basis is decided on a case-by-case basis as agreed to by the parties or at the court's discretion.
In addition to any other relevant factors considered, the court, in ordering spousal support and maintenance, shall consider the following factors: (1)Financial resources of the parties; (2)Ability of the party seeking support and maintenance to meet his or her needs independently; (3)Duration of the marriage; (4)Standard of living established during the marriage; (5)Age of the parties; (6)Physical and emotional condition of the parties; (7)Usual occupation of the parties during the marriage; (8)Vocational skills and employability of the party seeking support and maintenance; (9)Needs of the parties; (10)Custodial and child support responsibilities; (11)Ability of the party from whom support and maintenance is sought to meet his or her own needs while meeting the needs of the party seeking support and maintenance; (12)Other factors which measure the financial condition in which the parties will be left as the result of the action under which the determination of maintenance is made; and (13)Probable duration of the need of the party seeking support and maintenance.
The court may order support and maintenance to a party for an indefinite period or until further order of the court; provided that in the event the court determines that support and maintenance shall be ordered for a specific duration wholly or partly based on competent evidence as to the amount of time which will be required for the party seeking support and maintenance to secure adequate training, education, skills, or other qualifications necessary to qualify for appropriate employment, whether intended to qualify the party for a new occupation, update or expand existing qualification, or otherwise enable or enhance the employability of the party, the court shall order support and maintenance for a period sufficient to allow completion of the training, education, skills, or other activity, and shall allow, in addition, sufficient time for the party to secure appropriate employment. (Hawaii Statutes - Title 580 - Chapters: 47)
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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carolc956
New
Reged: 07/18/07
Posts: 4
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Thank you, thank you for your input. But it still didn't answser my question. Does Hawaii split Disabilty retirement pensons? Am I allowed part of his? Not Federal but California state Retirement. This is a Annuity?
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2147
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I'm sorry , what kind of pension is it exactly ? It may not be possible to split it , but there is no reason you couldn't request spousal support based on his income from the pension .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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carolc956
New
Reged: 07/18/07
Posts: 4
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Thank you for the information, He has a disability retirement from the county of Mendocino in Calf. I had an inheritance of 57,000 that I put into our property for my retirement because it would of given me a larger return and faster, Which it did but now I don't know if I am even allowed to get that back.
I can not work, because of my health. I have no other income to live on.
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