Going through a divorce is a painful and emotional time, but when one or even both parties suffer from a disability, things can quickly become complex. For those who are navigating the end of a marriage while also managing a significant health condition, there are a variety of questions about financial stability.

One question we commonly see at Fields Law is “can you receive disability and alimony at the same time?”

We understand that beyond a simple legal question, this can also be a deeply personal question with significant ramifications on your financial situation.

In this blog, Fields Law will help you understand how disability and alimony systems interact when settling a divorce, from the perspectives of both parties.

We’ll also answer your most critical questions about disability and divorce, so you can get a complete understanding of what can feel like a complicated and overwhelming process.

Understanding Disability and Alimony Benefits

Before breaking down how these systems interact, it’s crucial to first understand the purpose of support systems. We’ll start first with disability benefits.

Disability Benefits Under Social Security

Under the Social Security system, eligibility for benefits falls mainly into two categories:

• Social Security Disability Insurance (SSDI): This is the primary Social Security program, designed to give benefits to those that have worked long enough and paid into the system through Social Security taxes. It functions like an insurance policy paid into through your employment, with your eligibility and benefit amounts tied to your work history and earnings. This is seen as a form of income by most divorce courts, which means it can be garnished to pay alimony.
• Supplemental Security Income (SSI): SSI is a needs-based program for individuals who are severely disabled, blind, or elderly, and have limited income and resources. Work history is not a requirement for SSI benefits, but your financial situation must meet strict criteria to qualify. Because this is a needs-based program, SSI benefits are federally protected from garnishment for alimony.

Other Disability Benefits

Other disability benefits that individuals may qualify for include Long-Term Disability (LTD) insurance, which is a private insurance policy either obtained through an employer or purchased individually, and Veterans Administration disability, for service-connected conditions. Both of these forms of benefits may be counted as income for garnishment for alimony.

Alimony Support

Alimony, also known as spousal support or maintenance, is a type of financial assistance paid from one spouse to another after a divorce.

Alimony is intended to help a financially dependent spouse maintain a lifestyle comparable to what they had during marriage, or to provide them with financial support until they gain the means to become self-sufficient over time.

While alimony traditionally has been paid by husbands to their former wives, it’s important to note that alimony is gender neutral and either spouse can be ordered to pay.

Alimony is typically ordered to be paid by the higher-earning spouse, but ultimately a judge determines whether or not to award alimony (unless otherwise agreed upon by spouses).

There are various factors that go into determining whether alimony should be paid, and if so, how much and for how long. These include:

• Whether one spouse needs financial support
• The ability of the other spouse to pay that support
• The length of the marriage
• The age and physical/emotional health of each spouse
• The standard of living established during the marriage
• The contributions of each spouse to the marriage
• Any other factors deemed relevant by the court

Among the many determining factors, the physical health of the spouse can have a direct impact on the need to pay alimony.

Can You Receive Disability And Alimony At The Same Time?

With a basic understanding of both disability and alimony benefits, we can get to the heart of our discussion: can you receive disability and alimony at the same time?

The most straightforward answer is, yes, it is possible to receive both disability and alimony benefits at the same time.

You can receive both disability and alimony at the same time because these benefits serve two different purposes:

• Disability benefits replace lost income due to an inability to work
• Alimony provides financial support after a divorce based on economic dependence to their partner

Because these systems are intended for different purposes, receiving one form of benefit does not automatically exclude you from receiving the other.

However we must mention that most divorce courts view disability benefits as a form of income when calculating alimony.

For those seeking alimony, that means if you are already receiving disability income prior to the divorce, that income will be counted against your “demonstrated financial need” for alimony. This can lower the total amount of alimony payments that you can receive.

If you become disabled during or after the divorce, the amount of alimony you receive could be reduced, based on any disability income you begin receiving.

Navigating Disability and Alimony: What to Expect in Specific Situations

Aside from the question “can you receive disability and alimony at the same time?”, there are several other important ways that disability and alimony interact.

Let’s look at a few different perspectives:

Disability and Alimony from the Payers Perspective: “Do I Have to Pay Alimony If I am on Disability?”

If you are the spouse who may have to pay alimony and you are also receiving disability income, you may be wondering “do I have to pay alimony if I am on disability?”

The answer will likely depend on the specific form of disability you are receiving.

It is possible to have your Social Security Disability Insurance (SSDI) or Long Term Disability (LTD) benefits garnished in order to pay alimony to your spouse, because these are seen as forms of income. But the alimony amount may be significantly less than if you were not receiving some form of disability – or you may not have to pay at all.

As for Supplemental Security Insurance payments, these are federally protected and cannot be garnished. If your primary source of income is through SSI payments, you will likely not need to pay alimony.

Before the court makes any decision on your need to pay alimony, they will look at your total income sources, including any SSDI, SSI, and LTD benefits payments, as well as your living expenses, including medical expenses and care needs.

The court must balance your income and ability to meet your own needs first before they can require you to pay alimony. If your income allows, your SSDI or LTD benefits can be garnished for alimony, but not SSI benefits.

Disability and Alimony from the Receiver’s Perspective: “Can I Get Alimony If My Husband Is On Social Security?”

From the opposite perspective, if you are seeking a divorce from a disabled spouse receiving disability income, you’ve likely wondered “can I get alimony if my husband is on disability?”.

In many cases, the answer is “yes”, as having a disabled spouse does not automatically prevent you from receiving alimony.

During the divorce proceedings the court will consider your spouse’s ability to pay, determined by their total actual income, including payments from SSDI, SSI, or LTD, and their ability to pay their own medical bills and living expenses.

If you, the spouse seeking alimony, are also disabled, it may strengthen your case for receiving alimony. Proving disability for alimony with medical evidence such as doctors reports and disability approval letters that demonstrate your financial need and inability to work will be crucial to being awarded alimony payments.

It’s important to remember that each case is different, and there is no one-size-fits-all solution. For advice specific to your case, we highly encourage you to contact Fields Law to speak with one of our disability lawyers.

Long-Term Disability and Divorce

Like SSDI payments, Long-Term Disability payments are typically considered to be income in alimony calculations. This means that for either party receiving LTD payments, the income could be held against your ability to pay, or calculated against your demonstrated financial need. However, if an LTD policy was purchased during a marriage, some states may consider it to be an asset, which can complicate the issue. Seeking professional legal advice in this situation is essential.

What Happens If You Divorce A Disabled Spouse?

Divorcing a disabled spouse requires a great degree of sensitivity. Despite any personal issues, the primary focus of both the court and yourself will be in ensuring that the disabled spouse’s needs are taken care of, especially with their limited capacity to earn income. This will factor heavily into whether or not you will need to pay alimony.

In addition to alimony calculations, if you are divorcing a disabled spouse, the court may decide to divide assets with a larger share going to the disabled spouse. The court may also require paying for health insurance for the disabled spouse after the divorce.

Because disability and divorce are complex issues, we strongly recommend working with an experienced disability lawyer like Fields Law to ensure a fair settlement for all parties.

The Interplay of Disability and Divorce is Complex: Contact Fields Law Today for Expert Legal Counsel

Can you receive disability and alimony at the same time? Yes, it is certainly possible, but it will depend on the exact circumstances of your specific situation.

Navigating a divorce while dealing with a disability, whether your own or your spouse’s, is challenging, but with the right legal counsel it is possible to manage these complex issues and achieve an outcome that ensures the needs of each party are met.

Fields Law is a nationwide disability law firm, helping our clients get experienced legal counsel on a variety of issues, including disability and divorce.

If you are facing a divorce and have questions about Social Security disability and divorce, contact Fields Law today for a FREE consultation.

It costs nothing to get answers to your questions answered today. Our representation is always backed with our Win-Win Guarantee – we only get paid if you get paid.

Call Fields Law today, and get experienced legal counsel regarding disability and alimony today.

*DISCLAIMER*

This blog post provides general information regarding disability and divorce. Individual cases will vary significantly. For personalized guidance on your specific situation, it is essential to consult with a legal expert licensed in your state.