Question: I have been married for 25 years. I am now considered 100% disabled and am living on a small SSI check, about $300 per month. 

If I divorce, will I be eligible for support payments and such?

Answer:

Spousal support eligibility is a “facts, facts, facts” issue – that is, there is no rule for mandatory support, and each case depends on the facts. In general, whether a spouse will receive support and, if so, the support amount depend on facts like the spouses’ respective ages, health conditions and earning capacities, the length of the marriage, and the history of the marriage. Fault may also be a factor, but spouse support is not an award to punish a guilty spouse but rather to lessen the financial impact of divorce on the other spouse.

In your scenario, your age, health, and limited income and the length of your marriage are facts in your favor. However, the family could will also need to consider your wife’s age, health, income and earning capacity, the marital property and marital debt awarded in your divorce, and possibly fault, to render a support decision.

Keep in mind that I am a Michigan attorney and cannot give you detailed advice about the laws in Colorado. You should not rely on this answer as establishing an attorney-client relationship, and you should contact an attorney in your area for additional information and legal representation. Cordell & Cordell has attorneys located and licensed in Colorado.

Jennifer M. Paine is an Associate Attorney in the Detroit, Michigan office of Cordell & Cordell P.C. She is licensed to practice in Michigan, and has been admitted pro hac vice in Illinois, Ohio, and the United States Court of Federal Claims. Ms. Paine received her BA in English and Mathematics from Albion College and graduated Summa Cum Laude. She received her Juris Doctorate from MSU College of Law and graduated Summa Cum Laude.