Permanent Disability Support In A Divorce And What You Can Do About It
There are scores of people out there who are struggling with this question and unfortunately, there is no straight answer to it. There are many clauses that would affect the amount the court would award your spouse as permanent disability support in a divorce.
What Is A Permanent Disability Allowance In A Divorce?
This is a type of alimony or spousal support which would be paid until the remarriage or death of your spouse since she would be incapacitated by the disability and unable to support herself otherwise. In some cases this type of support would end in the case of co-habitation where it can be proved that this is done so as to continue to receive the permanent alimony.
What Is The Best Way To Decide On The Allowance For Permanent Disability In A Divorce?
When the matter goes to the court and the litigation takes long both the parties suffer. In these cases it is always best to come to a mutual agreement before going to court. In most cases the spouses know exactly what amount of money would be reasonable given their financial situation and therefore it would be best to come to work it out and come to a figure that suits both.
Fight Off The Temptation Of Giving Guilt Money
Divorcing your spouse who suffers from some terrible permanent disability sometimes would make you feel like a selfish monster. When you feel this way you would be tempted to overdo the allowance for permanent disability in your divorce to compensate for the feeling of guilt that engulfs you. You need to fight off this temptation and come to a sum that is fair to both of you. She is entitled to a comfortable life and you should do your best to see that she has one; at the same time so do you.
Before you come up with a number that is suitable for her, check out what is suitable for you. Make a list of all the payment that you need to make and deduct these from your total income. Now take a long look at what remained and see how much you can part with without bending over backwards. Keep that number in your mind when you negotiate with your spouse and if she was reasonable you could come to a settlement before going to court which would make things easier for everyone.
In case you have to go to court to contest the demand for permanent disability in a divorce by your spouse, be aware that the judge would take into consideration many factors before coming to a conclusion. These would include the duration of the marriage, the earnings capacity of both spouses, the contributions of each spouse to the marital home, the mental, physical and emotional state of the spouses and the custody of children, if any.
