Can I get spousal benefits if my spouse is on disability?

Yes, a disabled person may be eligible to receive spousal benefits based on their ex-spouse's Social Security record, even if they are also receiving Social Security Disability Insurance (SSDI). Here are the key points to consider:

US Legal Forms
Motion
Affidavit of Defendant Spouse in Support of Motion to Amend or Strike...

Alimony Spouse Support For Disabled In Palm Beach

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

County:

Palm Beach

Control #:

US-00002BG-I

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Instant download

Description

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Yes, a disabled person may be eligible to receive spousal benefits based on their ex-spouse's Social Security record, even if they are also receiving Social Security Disability Insurance (SSDI). Here are the key points to consider:

Yes. A spouse who's disability is permanent and makes them unable to get work that provides an adequate income for swlf-support may qualify for temporary or permanent alimony. Gender makes no difference.

Prove your spouse is cohabiting with someone else: If you can prove that your spouse is living with someone else, you may be able to get out of paying spousal support altogether. Likewise, if you can show that your spouse can earn a reasonable living, you may be able to have your alimony payments reduced or eliminated.

In Florida, self-sufficiency can disqualify you from receiving spousal support or alimony in Florida. If the court determines that you have the financial means or can gain employment to meet your needs of independently, you may not be eligible for alimony.

If the court grants a divorce based on a spouse being incapacitated, the judge may award the insane spouse alimony. Also, a mentally ill spouse has just as much right to the marital estate as a sane spouse.

The short answer to your question is no, your ex-wife will not be entitled to any portion of your disability. SCOTUS cases Howell and Mansell govern. Your disability cannot be divided (similar to how a military retirement can be divided) - not even by agreement, although you should never agree to do so.

More info

What is Alimony (Spousal Support)?. When you are separated or divorced, the judge may order one party to pay spousal support.The truth of the matter is that if disability payments are coming in, they are subject to alimony the majority of the time. Rehabilitative alimony provides short-term financial support following a divorce. The Law Offices of Travis R. Walker, P.A., can help. Here is useful information about steps involved in divorcing a disabled spouse and how a Boca Raton divorce lawyer can assist. Bridge-the-gap alimony is temporary assistance designed to help individuals transition from married life to financial self-sufficiency. The appeals court ordered the trial judge to award permanent alimony to a wife who was legally blind, receiving disability benefits, and unable to work. When calculating alimony, SSDI payments are considered income, while SSI is not. Most of the time, the court will only consider a request for permanent alimony if the parties were married 17 years or more.

Alimony Spouse Support For Disabled In Palm Beach

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FAQ

Can I get spousal benefits if my spouse is on disability?

Can I get spousal support if my husband is on disability?

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What qualifies a spouse for alimony in Florida?

What disqualifies you for alimony in Florida?

Can my wife take my disability in a divorce?

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