Q: In Alabama is private disability payments considered joint or separate property in divorce cases
As a 60 year old general dentist who left my dental practice due to multiple medical issues and was advised by 3 doctors to stop practicing 2 years ago. My wife of 35 years and a dental hygienist earning $40,000 per year placed all her earnings in her mom's account as a joint name on the account without my knowledge. I discovered it after she filed for divorce. She wants half of everything including my private disability checks for life. The answer to my question is a huge factor. We have 1 child 24 years old suffering from depression and eating disorders. If she takes half of it I will not be able to make the 50% value mortgage payment. I have been receiving the private disability payments for 18 months when she filed for divorce. I have researched this and different states give opposite decisions on this question, but I haven't located any information on a case of this type in Alabama case law or appeals court.
A:
Disability checks that are not Military VA DIsability can come into the picture in evaluating your income. Your further research should include looking at the new law on alimony in Alabama. ALimony must be rehabilitative in nature and can only last for 5 years unless the Court finds some extraordinary reason to award alimony for a longer period of time. In your case, alimony could be awarded for longer than 5 years because of the length of your marriage.
If you are divorcing after 35 years, you need to hire an attorney.
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