Do I need to pay alimony if I’m on disability?
The decision to terminate a marriage is never easy. However, the process can become even more complicated if one spouse is on disability, receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). In many marriages, one spouse is the primary breadwinner. However, this can change when that spouse becomes disabled and can no longer work to earn a living. Disabled spouses can’t always support themselves after a marriage is dissolved. Therefore, many spouses wonder whether they are entitled to receive or obligated to pay alimony if their partner is on disability. Please continue reading to learn about alimony obligations in New York and how a trusted Nassau County Alimony Attorney can help you today.
What is alimony?
When a couple gets divorced, there may be a financial imbalance if one spouse earns significantly more than the other or doesn’t work outside the home. The court will address this financial discrepancy in such cases by awarding the lower-earning spouse alimony or spousal support. Alimony is a type of court-ordered payment that provides financial support to the spouse who makes a lower income, or in some cases, no income at all, to maintain the same standard of living established during the marriage. It’s imperative to note that alimony is often only granted to spouses in long-term marriages, typically lasting more than ten years. If ordered to pay alimony by the court, the higher-earning spouse will be obligated to pay this periodic predetermined sum every month to the lower-earning spouse. If the higher-earning spouse refuses to comply with their support obligation, they will face civil and criminal consequences.
Am I still entitled to alimony if my ex is on disability?
If you’re currently receiving Social Security Disability Insurance (SSDI) benefits, a divorce will not impact those payments. However, your SSDI benefits could be garnished if the court deems it reasonable to pay child support or alimony following a divorce. If your ex-spouse qualifies for SSDI benefits, you could be entitled to receive alimony if you meet specific eligibility requirements. Firstly, to be eligible to receive alimony from your ex-spouse’s SSDI benefits, the marriage must have lasted for at least ten years or more. In addition, you must be at least 62 years old, have not remarried, and are not eligible for a more substantial Social Security payment based on your own earnings.
If you’re worried that your spouse’s disability benefits will impact your alimony payments, please don’t hesitate to contact an adept attorney from The Pollack Law Firm, P.C., for the representation you deserve. Our firm is prepared to help you understand alimony obligations in New York.