Can My Spouse Take My Disability During Divorce?

 Posted on June 14, 2019 in Family Law

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.

Can I Still Receive SSDI as a Divorced Spouse Without Having a Disability of My Own?

As a divorced spouse to someone with a disability, you can continue receiving SSDI benefits as long as you were married to that party for at least 10 years, you are over 62 years old, you are currently unmarried, and you do not have an option for a larger Social Security payment with your own record, according to the Social Security Administration. As described above, these benefits can be garnished to pay for child or spousal support as well.

Contact a Hinsdale Divorce Attorney Today for Immediate Assistance

Discussing how disability benefits could potentially be garnished or altered during divorce is an emotionally charged topic and for good reason. We understand what your SSDI benefits mean to you, as well as what child and spousal support mean to the other party. For help today, contact the Law Office of Martoccio & Martoccio at 630-920-8855 to schedule a free consultation with our experienced DuPage County divorce attorneys.

Sources:

https://www.ssa.gov/planners/disability/family.html

https://www.ssa.gov/policy/docs/statcomps/di_asr/2016/sect01.html