My husband and I are not living together but we are not legally separated or divorced. He has been approved for disability and will be getting back pay for the 3 years he has been fighting to get it. I have been told I am entitled to half of that, what do I have to do to get my half?
You could have been misinformed.
Missouri is NOT a community property state.
These are community property states:
* Arizona
* California
* Idaho
* Louisiana
* Nevada
* New Mexico
* Texas
* Washington
* Wisconsin
Even if you lived in one of those states, you wouldn't necessarily be entitled to his disability income.
If you have minor children, he mnight be ordered by a court to support them.
Under the scenario you have described, married, but not living together, you are legally entitled to NOTHING!!!
Could you be?
Hard, very hard to say.
Generally, no.
If there was a divorce action, or a legal separation, you MIGHT be entitled to some form of support.
However, as he is disabled, that income is meant to provide for his health and well being.
It isn't based on whether someone has a spouse or two kids.
I suggest you speak with an attorney about your situation.
One thing I know.
Until a judge orders him to pay you something, he doesn't legally owe you one, thin, dime!!!
Therefore, you can't legally get one, thin, dime from him; notwithstanding his recent windfall!
