Disability Benefits After Divorce

The Social Security Administration awards disability payments to individuals who suffer from an illness or injury that prevents them from working. During a divorce, it can be difficult to determine if these payments are marital property to be divided or if they are solely the property of the disabled individual.

A divorce is already a difficult time in life without having to worry about the nuances of dividing disability funds. If you are facing a divorce and need help with getting or keeping your fair share of the assets, contact a West Palm Beach divorce attorney from Eric N. Klein & Associates, P.A., today at 561-353-2800 to discuss your case.

Rules for Dividing Disability

One type of disability coverage, Social Security disability insurance, is meant to replace lost wages as well as help with extra bills. There are several different ways that states interpret this income when it comes to divorce. Some states believe that all disability funds awarded during marriage are joint property. Additionally, if work during the marriage contributed to the benefits, the disability payments may also be divided after divorce.

Other states look at when the person began to receive disability payments. If the injury or illness predates marriage, then the disability funds are considered the sole property of the injured individual. If it occurred during marriage, it can be divided as joint property.

Finally, some states divide disability only up to the point that it replaces lost wages that would have been earned during the marriage.

Contact Us

The division of disability can have a large impact on the total division of assets during a divorce. If you want to file for divorce, you should talk to an attorney about your rights. To learn more about your legal options, contact an experienced West Palm Beach divorce lawyer from Eric N. Klein & Associates, P.A., at 561-353-2800 today.