Does Divorce Alimony Count Against Your Disability on How Much You Get?
- Alimony, also known as "spousal support" or "spousal maintenance," is money regularly paid by an individual to his former spouse after their divorce. In many cases, alimony is a temporary arrangement in which the more financially secure spouse provides support while the other spouse gets back on her feet. However, if you are unable to work because of your condition, and you have few financial resources, the judge may require your former spouse to pay you alimony until you remarry or die.
- Disability insurance protects workers who lose their ability to practice their livelihood due to an illness or accident. You can often buy disability insurance through work, or you can get an individual policy through a broker. This insurance usually pays you a percentage of your salary from the time you become disabled up until you reach retirement age.
If you pay into the Social Security system, you are eligible for benefits through the Social Security Disability Insurance program (SSDI). Like private disability insurance, SSDI pays you benefits until you reach retirement age. After that, your SSDI payments convert to Social Security retirement benefits. To qualify for either type of insurance, you'll have to demonstrate that you are unable to earn your living through work. However, other forms of income, such as alimony or investment income won't count against your eligibility for benefits. - Whether you receive alimony depends largely on your financial need. If you receive regular disability benefits that can keep you housed and fed, you may have difficulty convincing a judge to award you alimony for a significant length of time, if at all. In fact, if you have other sources of income, or your private disability insurance payments are very high, you may have to pay alimony to your spouse. Both private disability insurance and SSDI can be garnished to pay any back child support or alimony that you owe.
- Disabled people who are unable to work and have with very little income can receive benefits through the federal Supplemental Security Income (SSI) program, administered by the Social Security Administration (SSA). If an SSI recipient's former spouse pays him alimony, the SSI will deduct the alimony, minus $20, from his benefit check. If his alimony reduces his SSI check to nothing, he can also lose his Medicaid coverage. Individuals on SSI should work with their lawyers to ensure that their divorce settlement does not jeopardize their access to disability benefits or health care.
Alimony
Disability Insurance
Disability Payments and the Amount of Alimony
Supplemental Security Income
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