Woodburn, OR asked in Domestic Violence and Family Law for Oregon

Q: If my husband is disable trought VA and social security and we been marry since 2004 , and I suffer domestic violence

And suffer domestic violence for most of the time in been marry and don't work and suffer for pstd, and depression, what rights I have I can have spousal support o alimony, we buy a house just 1 year and 1/2 ago

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2 Lawyer Answers
Joanne Reisman
Joanne Reisman
  • Portland, OR
  • Licensed in Oregon

A: This may be a very complicated situation especially if you are getting disability which is either SSD or SSI or some combination. You really need to make an appointment and talk to an attorney about your situation. If you haven't already applied for disability you may need to apply and get that process going. I don't know that much about Veteran's Benefits and the VA side of benefits is EXTREMELY COMPLICATED. If you can find an attorney that specializes in VA Benefits as well as other forms of disability, I would talk to them first and deal with your divorce second.

Vincent J. Bernabei
Vincent J. Bernabei
  • Domestic Violence Lawyer
  • Beaverton, OR
  • Licensed in Oregon

A: There is no easy answer to your question. You should consult with an attorney to get specific advice relating to your unique circumstances. Generally, the court considers the following factors in determining the amount and duration of spousal support in Oregon.

(I) The duration of the marriage;

(ii) The age of the parties;

(iii) The health of the parties, including their physical, mental and emotional condition;

(iv) The standard of living established during the marriage;

(v) The relative income and earning capacity of the parties, recognizing that the wage earner's continuing income may be a basis for support distinct from the income that the supported spouse may receive from the distribution of marital property;

(vi) A party's training and employment skills;

(vii) A party's work experience;

(viii) The financial needs and resources of each party;

(ix) The tax consequences to each party;

(x) A party's custodial and child support responsibilities; and

(xi) Any other factors the court deems just and equitable.

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