Legal Question in Family Law in Florida
My husband has been disabled for 8 years. He gets comp and SSD. I take care of him, ie: shave, shower, cut his hair, and help him do anything else that needs to be done if he can't do it. I do not work because it is hard for me to hold a job because I am also in pain for an accident 11 yrs ago. He will be getting a settlement one day, but he is also the sole provider of our family. Why is it I can not get any of his SSD and weekly comp payment if he is head of house hold? I need to know what I can get if and when I decide to leave and not at my own accord. I am being pushed out by him and his mother. And they only what our 17 yrs old daughter to go with them. We also have a 24 yrs which will be moving out soon and 14 yrs old that my husband and mother in law does not want. What can I do? I really need help quickly. Thank you, Cheryl Mansi
1 Answer from Attorneys
Once you are divorced, you are not entitled to his income. Income belongs to a family, and you won't be a family anymore. You may be entitled to alimony (you haven't given me enough information to know for sure), but it doesn't sound like it based on what you've said, and it doesn't sound like he can afford it. If you get custody of the 14-year-old, you will get child support. His being "head of household" is irrelevant. "Head of household" isn't even a concept relevant to divorce law.
You are entitled to one-half of the "lost income" portion of his settlement, but he gets all the "pain and suffering," etc.
I don't know what to tell except that you married the wrong guy. That's the way it goes sometimes.
Speak to a lawyer, describe your entire situation, and see if you are entitled to alimony.
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