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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I would like to get a legal separation from my husband but

Customer Question

I would like to get a legal separation from my husband but not sure how the separation would affect me and my son. We have a seven-year-old boy with severe autism. Right now we currently live in Missouri and we have no family around so even after the separation we would still be living together. Moving out isn't really an option for us because my husband is the only one working because I stay home with our son. There is too much tension in the marriage to stay together but not sure how living together after separated would work . What I still be able to get disability for my son?
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns. Separation simply means that your income and your potential legal and financial obligations to individuals become sole and separate. But you are still effectively married. That means that you can still file for disability, and you can likewise pursue the other parent for spousal support and for child support (as that is an obligation regardless of marriage, separation, or divorce). If you are worried about being able to go after him for such benefits, you are still able to do so.Sincerely, ***** *****
Customer: replied 2 years ago.
Would his income affect my son being able to get disability because we still live together? If they found his income I know my son will not get approved for disability.
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi, Yes, it will. Income of both parents is calculated for disability benefits, not just yours. So yes, his income can and does affect potential eligibility. Sincerely, ***** *****