Legal Question in Family Law in Virginia

Disability income & spousal support

Hi. I have been married for 31 yrs. 3 yrs. ago my husband was certified as 100% total & perm. disabled due to PTSD from Viet Nam.

Last year he told me he didn't love me as a wife anymore, and wants a divorce. We have been separated for 1 yr., and now that I've sent in paperwork to try to receive an ''apportionment'' of his disability pay, he is filing for a divorce.

I am 50. Living on my own for the first time in my life. The last 7 yrs. of our marriage, I was the 'breadwinner', but now, physically and mentally I'm not able to make enough to support myself.

His disability income is not attachable, but I've done research to find that it is still counted as income, and could be used for a judge to consider.

I have consulted with two lawyers, one says this could be quite a hard case because they will wrap a blanket of disability around him. My funds are close to being gone. Do I have a chance? My husband is making around $10,000 more a year than I am. I need help, please. Thank you


Asked on 11/28/01, 11:06 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Disability income & spousal support

If your husband is filing for divorce, you should have an attorney representing you to ensure that all of your legal interests are protected, including your right to share in your husband's pension. If you cannot afford to hire one, then you

should contact the legal aid society in the locality where you live,and, perhaps, you will qualify for legal assiatance at no cost to you.

Under no circumstances should you be trying to deal with this situation on your own.

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Answered on 12/01/01, 12:58 pm


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