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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29803
Experience:  Attorney with experience in family law.
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If I divorce, is my husband entitled to half of my disability

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If I divorce, is my husband entitled to half of my disability income?

My name is XXXXX XXXXX I'd be happy to answer your questions today.

A spouse isn't automatically entitled to the other spouse's income, and it wouldn't necessarily be half. First, Texas law provides that a spouse is not entitled to any support unless the marriage has lasted at last 10 years. Tex. Fam. Code, Section 8.051. Second, support is based on need. To receive any support, your spouse would need to be able to show that the money is needed. That means showing that the spouse cannot work and has no income, or that the spouse's income is not sufficient to meet reasonable needs. The person asking for support has the burden of showing how much is needed. The judge will consider whether your spouse is able to work, what your spouse's income is, and the lifestyle that you lived during the marriage, among other factors. The judge will also consider your ability to pay support.

Note that I am only talking about alimony. If you have minor children, your spouse will be entitled to child support, which is based on your combined incomes. Your spouse is also entitled to half of all assets acquired during the marriage. That will include any savings, regardless of who put the money in the account.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 3 years ago.

I am handicapped and he is still entitled to half of my disability funds?

Not if he is able to work, no. But if he's working, you may be entitled to receive a portion of his income.

If your spouse has no income, is unable to get an income, and you have been married for at least 10 years, he might be able to request some support. But it's not a 50/50 split of your income.
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