Disability Benefits and Divorce Spousal Support

Seek divorce support with an attorney if you aren’t sure whether you are qualified to receive alimony, also known as spousal support. This is one of many financial considerations you might take into account when going through the process of ending your marriage. The terms of the support depends on many factors. Discuss with your lawyer how your specific circumstances might apply to a Virginia Beach court’s decision on this matter.

Spousal support was designed to help the spouse who earns less money to make ends meet following a divorce, and may even be ordered to aid that spouse as he or she obtains proper training or education to enter the workforce.

Regardless of the type of support for which you may be eligible, there are many factors the court may take into consideration when deciding whether to grant support and in what amount such as:

  • earning capacity of both parties;
  • contributions each party has made to the marriage; and
  • physical and mental health of both parties.

The last factor mentioned on this list can raise the question of whether disability benefits can be factored into the final post-divorce support order.

How Disability May Affect Spousal Support

While SSI payments are generally not considered when calculating income to decide a spousal support award, SSDI benefits usually are considered. Meanwhile, if the party who pays alimony doesn’t make the payments, their SSDI benefits, as well as other types of income, can be garnished to satisfy the obligation.

Property disputes are a different matter entirely from alimony and may also require divorce support from your legal representative. As far as division of property goes, the benefits may be divided if they were used solely by the disabled partner. However, if the payments were deposited into a marital bank account, this may qualify them, along with other marital property.

Seek Legal Help with Hofheimer Family Law

Virginia has very specific rules surrounding divorce, so make sure you have proper guidance as you begin the process of dissolving your marriage. Be sure to order a free copy of our eBook, What Every Virginia Woman Should Know About Divorce, or reserve a spot at our monthly divorce seminar to learn more about the process.

Our attorneys can advise you regarding the best course of action when negotiating alimony and other important matters like dividing marital property. Contact us at 757-425-5200 for divorce support throughout this difficult process.

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