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Disability Benefits After Divorce

After a devastating illness or injury, a person may be eligible for disability payments from the Social Security Administration. These payments can help to replace income that the person would have otherwise received before being injured. However, if a person receives disability during marriage then asks for a divorce, how does the split affect the disability payments?

A divorce is often a trying time for all parties. Without the help of an established, experienced divorce attorney, a legal separation can be even more difficult. To learn more about disability benefits after divorce, contact a knowledgeable Raleigh divorce attorney from the Marshall & Taylor PLLC, today at 919-833-1040.

Dividing Disability Benefits

In many divorces, the financially supportive spouse must pay alimony to the spouse who may have stopped working due to children or homemaking. This alimony typically comes from the person’s wages from work. With disability, the payments from the Social Security Administration may stand in for wages from work. This means that disability benefits could be eligible for division after divorce.

When a court determines how disability should be divided, it will often look at the start date of the disability payments. In some states, all disability received during marriage counts as marital property. In other states, disability payments are only marital property if they replaced wages that would have been earned for the marriage. In several states, including North Carolina, disability is often divided only to the extent that it replaces lost wages.

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During a divorce, you likely have many things to focus on without having to concern yourself with the intricacies of dividing disability payments. To help you fight for your rights during a divorce, contact the Raleigh divorce lawyers of the Marshall & Taylor PLLC, at 919-833-1040 today.