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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31663
Experience:  JD, 16 years legal experience including family law
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In tn would ssdi be considered in the division of my pensi

Resolved Question:

In tn would ssdi be considered in the division of my pension
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My goal is to provide you with excellent service. First, I have some questions for you so I can determine what information to provide you.


You are wondering whether your spouse might be entitled to a portion of your SSDI benefits in divorce proceedings? Are you receiving a monthly amount or recently received a large payment of such benefits?
Customer: replied 1 year ago.

no my wife receives ssdi I receive a pension I want to know how the ssdi is considered when dividing my pension or paying alimony

Expert:  Tina replied 1 year ago.
I see. Thank you for clarifying that.

All income, including disability benefits is typically considered in determining whether a spouse is entitled to alimony or spousal support.

When determining the amount of support and whether or not it is to be a temporary or permanent order, the court will consider the following factors: (1) the value of any separate or marital property owned by the spouses; (2) whether the spouse seeking alimony is the custodian of a child whose circumstances make it appropriate for that spouse not to seek outside employment; (3) the need for sufficient education and training to enable the spouse to find appropriate employment; (4) the standard of living while married; (5) the length of the marriage; (6) the comparative financial resources of the spouses, including their comparative earning abilities in the labor market and any retirement, pension, or profit-sharing benefits; (7) the needs and obligations of each spouse; (8) the contributions each spouse made to the marriage and the acquisition of marital assets; (9) the relative education and training of the spouses and the opportunity of each party to secure education and training; (10) the age of the spouses; (11) the health condition of the spouse; (12) the tax ramifications of any award; (13) the usual occupation of the spouses during the marriage; (14) the job skills and employability of the spouse seeking alimony; (15) the marital conduct of the spouses during the marriage; and (16) any other factor the court deems just and equitable. (Tennessee Code - Volume 6A, Title 36, Sections 36-4-101).

Here is a link that sets out these factors:

http://www.divorcesupport.com/divorce/Tennessee-Spousal-Support-Maintenance-Alimony-745.html

With regard to a divison of pension principle, both spouses are normally entitled to an equitable division of such an asset to the extent it was earned during the marriage.

I hope this helps clarify the situation for you.

It has been my pleasure to assist you. Kindly remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested. If you feel the need to provide a low rating, please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger. Thank you and all the best to you in 2013.

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/

Customer: replied 1 year ago.

just a little more info please she gets 1300 from ssdi plus 600 from a disability policy plus another 800 ssdi for our minor child. I receive 2661 from my pension how do you think this will be divide up? she actually makes more than me.

Expert:  Tina replied 1 year ago.
Hello again,

Because there are so many factors involved, including the debts of both parties involved and the length of the marriage, it is impossible to say with any certainty. However, given the information you have provided, alimony would not likely be awarded or a minimal amount, but child support may be if she obtains primary custody of the child. The $800 SSDI would not be considered your spouse's income for purposes of determining alimony though typically since that is meant for the child, not your spouse.

I hope this helps clarify the situation for you.

It has been my pleasure to assist you. Kindly remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested. If you feel the need to provide a low rating, please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger. Thank you and all the best to you in 2013.

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/

Tina, Lawyer
Category: Family Law
Satisfied Customers: 31663
Experience: JD, 16 years legal experience including family law
Tina and 8 other Family Law Specialists are ready to help you

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