Legal Question in Family Law in Kansas
Lifetime Alimony?
I am 41 years old, and will have been married 15 years by the time we get to our settlement conference. I have been a stay at home mom the entire marriage. I have been diagnosed with cluster migraines, degenerative joint disease, and rhumatoid arthritis of the spine.
I am unable to sit or stand for more than 15-20 minutes at a time, I am unable to lift/bend/twist/stretch, or reach without pain. I am taking prescription pain medication so I can function daily.
I applied for ssdi on the suggestion of my doctor, but was denied due to not having any work credits. What, if any effect will this have on my receiving alimony? Would I possibly qualify for lifetime alimony?
Do I need to get statements/letters from my doctor before the settlement conference date to assist the court in determining the ammount and duration of any alimony?
Will my condition have any effect on determining custody? Since my condition arose during the marriage, is there any way my stbx can be required to continue to provide health insurance for me?
1 Answer from Attorneys
Re: Lifetime Alimony?
Maintenance/alimony has a maximum length by law of 120 months. Make sure your attorney gets you that. In addition, you need to hire an attorney to represent you in an appeal of your SSI case. I have seen people get disability when they have never worked. Don't let that one go. You should get it. As to the insurance, that is also something SS should provide you once you are determined disabled. While your STBX may want to, his employer is not required to provide continued coverage for you once you are divorced.
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