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Ask a Lawyer: Disabled Female Vet with DDD and Fibromyalgia unable to work |
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Question: My husband and I have been married 14 years marriage is irreconcilable and spouse is literally making me sick by stressing me out, which exacerbates my pain. I can no longer work license medically retired from military. We own a house in Hawaii, he works as a contractor and also retired from military with no child custody involvement Will I be awarded the right to stay in my home since I cannot be gainfully employed under any circumstances due to my daily pain level? I am on disability. The monetary benefits will not pay for the overhead of my house Will I be awarded alimony with my current employment status. I receive Medicare and TriCare for Life along with his employer medical benefits pay for my monthly pain meds. I can dress and feed myself he does not asset me in anyway. We have one vehicle which I paid for prior to my retirement but no longer drive ( I have a valid driver license). I have upgraded the interior and exterior of the home and all repairs, furniture and maintenance needed in the home are paid for by me. There are certain appliances in the home that benefit my medical condition paid for by my disability benefits. I wish to stay in my home since the interior and exterior upgrades benefit my medical conditions He pays for the mortgage, utilities, vehicle and home insurance. I pay for residential maintenance, family dental, TriCare, cable, cell phone bills, Home Association Fees and home maintenance insurance. Property taxes are exempted $150,000.00 due to my disabilities This man is an e-mail sex addict with other women and constantly runs up the cell phone bill calling women. Please help me. He is purposely keeping my pain level at a 10, which incapacitates me most of the time. Answer: I am not licensed in Hawaii. Every state will have different standards for awarding Alimony. However, the factors considered by many states are the earning capacity of the spouse and disability. Based on those factors you are in a good position. I recommend contacting an attorney in your state that can look at all the factors applying the law in Hawaii.
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