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Asked 8/15/2010

Social Security Disability and Spousal Support in California - Duration and Attachment

I'm almost 59, divorced almost 2 years in Oct. 2010. I was awarded SSD in Oct. 2007 when I was separated. (Divorced in Oct. 2008) I Have many diagnoses. Is my Social Security Disability benefit part of my alimony payment or attached?

We were married 8/10/1996 and separated 7/6/2006 - 9 years and 11 months as he was counseled by legal to file before 8/10/2006 intentionally. We had lived together at my separate property house in CT 4/26/96 - 8/10/96 or a little over 3 months before the marriage. My mother was living at the time there as she and I had bought that home in CT. That would make it over 10 years and 2 months total living time together.

Question - what is the duration of the marriage?
Is my alimony reduced because of my receiving Social Security Disability benefits and lastly, because I have a SSD AWard, do I still fall under the California laws for length of marriage as healthy people do.

Disability is not a timed thing and the payment is $1400 monthly after Medicare is deducted. I have only retirement savings that I have since age 20 and it has not grown.

I am trying to get his share of our house which declined in value and his small IBM Pension, 401K so I can buy a home for myself and have some savings to live on.

Can you answer these questions as it seems the lawyer and judges in San Diego don't know the answers.

 
 
 
 
 
Answers

Answer 1/2 - Submitted 8/16/2010

Married is the last part of the few months you were married now the law says if thechild support was a issue they take a portion of the monthly wages but i have never heard of them taking for alimony so i would check on your states laws about that each state is different

 
 

Answer 2/2 - Submitted 8/16/2010

There is no child support involved as I never had children. I don't know CA law.

 
 
 
 
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