Many of the laws surrounding divorce can seem complicated, unnecessary, poorly thought-out, or just plain wrong depending on your side of the argument. For example, disability benefits can be garnished to pay alimony or child support. For some, this may seem like an unfair demand or request. On the other hand, the receiving spouse may rely on that money to make rent or pay for their child’s healthcare expenses. An experienced Hinsdale divorce attorney can help explain how disability benefits can and cannot be divided during divorce.
Does Social Security Disability Income Get Split as a Marital Asset?
Over 10 million Americans rely on Social Security Disability Income (SSDI), with the vast majority of those people being disabled workers. If you are receiving SSDI benefits through your own work record and health condition, your disability benefits will not be altered during divorce in regards to division of marital assets. Similarly, if you were receiving SSDI benefits as a spouse to the person with a disability, your spousal SSDI benefits will not be affected unless you were married for fewer than 10 years.
How Do Child Support and Alimony Affect SSDI Benefits?
SSDI benefits can be garnished for child support or spousal support if those court-ordered payments are not being provided in a timely fashion to the receiving spouse. Whether you are the party with the condition or you are the party that is receiving SSDI benefits as a former spouse, your SSDI payments can be redirected to the other party to ensure that support orders are fulfilled....