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Witness

divorce of disabled spouse

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Wife walked out on disabled husband of 38 years. Husband gets SSDI of aprox 12,000, wife earns 60,000.  Have no care. Disabled spouse has no family or friends. Public help is useless. Was this a criminal act?  What can be done to protect disabled spouse? 

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A spouse leaving his or her spouse is certainly not a criminal act.  It would allow the deserted spouse to file a divorce action or an action for spousal support, depending on the circumstances.  That the deserted  spouse is disabled may enter into the spousal support equation.

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You cannot force someone to remain married to you.  Either you or she may file for a divorce, and the fact that you are disabled means that she may be required to pay support to you. But the law is not going to force her to stay with you. She is a person with rights as well.

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I don't  want to force anyone to do anything. I always honored my wedding promises and I was expecting her to do the same. I can't  help I became I'll. You sound like a person that disregards personal and morale responsibility in favor of self. It's not only immoral, it breaks a sacred promise made before family, friends, and God. At least she could have made arrangements for my care. Would you walk out on an ill parent or spouse? If so, you would be committing what the legal community refers to as "Slow motion murder". Are you a man or woman?

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My explaining the law to you does not necessarily reflect my views or sense of moral responsibility. I can tell you what a horrible person she is for doing this to you and how badly you are being treated all day long, but it still won't create a law that will criminalize her actions or force her to stay and care for you. What I would do does not necessarily reflect what the law compels her to do.

 

In other words, don't shoot the messenger. 

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I was asking for suggestions and help . . what are a disabled person's rights?  Morality is the basis for most laws. Abandonment, alimony, provisions to prevent the disabled from being treated as human defects, and placed in camps. That's been tried, how did that work out? To hear how you approached the topic, you offered not one solution. It was you who stated "She is a person with rights as well." You are not worth wasting any more of what time I have left. I do have a movie suggestion to offer: Triumph of the Will.

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You don't know what your talking about. Your remarks sound like you're parroting them from Rush Limbaugh. The disabled are eligible for spousal support, protection from abandonment, abuse, and also eligible for spousal provided healthcare. Your comment that the disabled have no rights should alone warrant kicking you off this board. You seem to have the impression that I want my wife to change her mind and stay. Most people go through a period where there is a desire for reconciliation, as part of the greiving process. I don't  know what you're insinuating but you know nothing about me, my relationship, or my personal feelings. You seem to be deliberately going off topic to make an insinuation. If you have a point, say it, if you're a coward, then stick to the topic. How are you linking that to my question on people with disabilities? I would assume your using such comments to cause hurt. As for social programs, not one offers legal help. Again, your ignorance speaks volumes.

 

I request that the moderator freeze this thread.

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Excuse me, but I did not say the disabled had no rights. I said that you did not have the right under the law to force your wife to stay married to you to  care for you. That's a very different thing. Ask any lawyer.

 

You wanted solutions. I posted a link to information about help for the disabled in your state.

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You may be granted spousal support.  Your spouse may be required to provide you with health care insurance, if she can reasonably afford to do so.  You will be entitled to part of the marital assets.  Upon termination of a marriage the court's focus, and essentially only legal focus, is division of assets and income.

 

The fact that you are disabled may enter into your need for support and health insurance.  That is about as far as your wife's responsibility and your rights extend.  Divorce almost always results in anger, but anger does not increase the rights of the abandoned spouse.

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On 7/13/2019 at 3:41 PM, Witness said:

Was this a criminal act?

 

No way to know, but probably not.  Simply saying that someone is "disabled" conveys no useful information.  Also, so what?  Do you think that having your wife criminally prosecuted and, potentially incarcerated will be of any benefit to you?

 

 

On 7/13/2019 at 3:41 PM, Witness said:

What can be done to protect disabled spouse?

 

He can seek a divorce and an order that the wife pay alimony.

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