How Can a Person on Disability Protect Income in a Divorce?

Full question:

I have been living separately from my wife since August 2000 and now I have been served with papers to finalize a divorce proceeding which was begun in 2006 and claim 1/2 of my retirement income which I depend upon to survive. I am unemployed and physically unable to work or even get to the courthouse. I have been examined by a Dr. paid by the Social Security Disability determination and told that I appear to have GRAVE'S DISEASE, ATAXIA and DISEQUILIBRIUM and in the opinion of the Dr. I should be in a hospital. However I have no medical insurance or ability to pay for Dr. office exams or pharmacy bills. Is there any way a person like myself can take actions to defend myself in a court of law or am I just at the mercy of the system?

• Category: Social Security
• Date: 04/07/2025
• State: California

Answer:

The courts in the State of California may award support to either spouse, without regard to marital misconduct. The goal in awarding spousal support is to help the spouse receiving alimony to become self-supporting within a reasonable time. Generally, the courts consider one-half the length of the marriage to be a reasonable time for a spouse to become self-supporting. Factors the court will consider in determining the length and amount of an award of spousal support include:

1. The marketable skills of the supported spouse;
2. The extent to which the supported spouse’s present or future earning capacity has been impaired due to duties of the marriage;
3. The extent that the supported spouse contributed to the earning capacity of the supporting spouse;
4. The ability of the supporting spouse to pay;
5. The needs of each party;
6. The obligations and assets of each party;
7. The duration of the marriage;
8. The age and health of the parties;
9. Any other factors the court deems are equitable and just.

We suggest you contact a local attorney who can review all the paperwork involved. If the divorce was filed that long ago, the situations of the parties may have significantly changed in the meantime and any income reports or temporary orders in place might be modified based on a significant change of circumstances. We suggest you contact the clerk of courts about filing by mail if you unable to get to the court if you can't get legal assistance. temporary orders in place might be modified based on a significant change of circumstances. We suggest you contact the clerk of courts about filing by mail if you unable to get to the court if you can't get legal assistance. Teleconferencing may also be available. Please the contact information at the following links to inquire about any legal assistance that may be available:

http://disabilityserviceandlegal.org/
http://www.disabilityrightsca.org/connect/what.htm
http://lawhelpcalifornia.org/CA/index.cfm