Are Your Disability Benefits at Risk During a California Divorce?


Are Your Disability Benefits at Risk During a California Divorce?

Violet Disability Background

In practically every divorce, the division of assets and debts – and the agreements about spousal and child support – are huge hurdles that must be cleared.

Often, those discussions go well. Other times? Not so much.

If either of you are receiving Social Security disability benefits (SSDI), you may be concerned about how the payments will be affected by your divorce.

In this issue, the San Diego men’s divorce lawyers with the Men’s Legal Center will explain how Social Security disability benefits are affected in California divorce cases.

How Does California Treat Disability Benefits During a Divorce?

California, like most states, looks at disability benefits as something belonging to you.

In other words, those benefits are not considered to be part of the community property shared by both spouses or partners. The California Supreme Court made that decision during a 1975 ruling.

Is My Ex Permitted to Take Some of My Disability Money?

The short answer is “perhaps.”

A host of variables will be considered by the court when considering the decision about spousal and child support. Among them is the income disparity between you and your soon-to-be former spouse or partner.

If there is a significant difference in income between the two of you, your benefits may be subject to a portion of spousal support.

Will My Disability Benefits Change After My Divorce?

It depends on which benefits you are receiving.

If you receive Supplemental Security Income (SSI) disability benefits, you may actually see an increase in your payments. The reason behind this is your benefits are determined based upon your resources at the time – including the income of your spouse or partner.

Once your divorce is final, that portion of your resources is removed, making an increase is SSI benefits more likely.

If you are receiving SSDI disability benefits, your payments will probably remain the same.

For Answers to Your Divorce Questions, Call the San Diego Men’s Divorce Attorneys with the Men’s Legal Center.

Because it’s a legal procedure, the divorce process can be confusing for most people. However, since the final decree affects you for the rest of your life, it’s vital you have answers to all of your divorce questions.

For a free phone consultation or to schedule a meeting, call the Men’s Legal Center at (619) 234-3838, send an email or complete our online form.

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