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How divorce affects disability payments

Homemakers in New York often worry about spousal support when their ex is on disability. According to FindLaw, for spouses receiving spousal Social Security Disability Insurance, divorce does not affect the payments. In fact, the paying spouse may have their wages garnished to pay not just child support but also alimony.

Homemakers may become eligible for spousal support when their ex is receiving SSDI benefits in the following scenarios:

  •          The spouse seeking eligibility does not qualify for larger SSDI payments.
  •          The couple was previously married for 10 years or more.
  •          The spouse seeking eligibility is 62 years or older.
  •          The spouse seeking eligibility did not remarry.

In the event of one spouse’s death, their ex may continue to receive spousal support from the SSDI benefits under the following conditions:

  •          The spouse seeking eligibility is disabled and at least 50 years old, or 60 years old and older but not disabled.
  •          The spouse seeking eligibility does not qualify for larger SSDI payments.
  •          The couple was previously married for 10 years or more.
  •          The spouse seeking eligibility did not remarry.

In some instances, a spouse may become disabled but not become eligible for SSD payments. This may occur if the injury does not meet federal guidelines, as is often the case with hearing impairment. In these instances, it may become difficult to reclaim any spousal support. Because of this, some exes include mandatory private disability insurance in the divorce settlement.

MarketWatch believes that taking a lump sum payment at the end of the marriage provides a much better solution. This may protect former and current homemakers who really do rely on the divorce settlement to get back on their feet from declines in their ex’s income.

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