Divorce Alimony For Disabled Spouse In Queens
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FAQ
A prenuptial or postnuptial agreement can prevent many alimony disputes. Such marital agreements allow couples to agree beforehand on whether spousal support would be awarded in the event of a divorce. California's Family Code 1612 states that couples can agree to waive spousal support in a prenup or postnup.
In New York, if a marriage lasts a long time and a spouse is old, ill or unable to support themselves, permanent alimony may be awarded.
In general, disability benefits are often considered separate property and not subject to division in a divorce. This is because disability benefits are intended to compensate an individual for their own disability and are typically not considered marital assets.
Not all divorces qualify for alimony. Courts consider factors like the length of marriage, income disparity between spouses, and ability to be self-sufficient. Generally, the higher-earning spouse supports the lower-earning spouse to maintain their pre-divorce standard of living.
Such accumulated sums would, however, be considered by courts in equitable division states when determining overall property distributions. When calculating alimony, SSDI payments are considered income, while SSI is not.
Social Security Disability benefits are not normally marital property. However, if you and your spouse put SSDI funds into a joint account, then it might result in those benefits being divided equally as marital property.
In general, California expects a dependent spouse to become self-supporting, but the law recognizes the fact that this is not always possible. If your disability has made it impossible for you to keep working, you may qualify for permanent support – although you probably should anticipate a challenge from your spouse.
