how to get a divorce lawyer i am on disability

How to divorce a spouse with a disability?

In divorce matters, divorcing a spouse who has not worked or who cannot work because of a disability usually means that there is strong argument for spousal support and that spousal support can be ordered for a longer time period. Another factor to consider is whether the non-disabled spouse has been a helper or care taker to the disabled ...

What happens to my SSDI benefits after a divorce?

Sep 02, 2016 · A disabled spouse may be entitled to additional spousal support or alimony in a divorce. The rules governing alimony vary from state to state. Generally, a court will award alimony if one spouse has a substantial financial need and the other spouse has the ability to pay support. In making a decision about alimony, a judge will consider factors ...

Can a disabled spouse get spousal support or alimony?

Getting a divorce when you or your spouse is disabled 281-810-9760 Houston Office 281-810-9760 3707 Cypress Creek Parkway, Suite 400 Houston, TX 77068 Map & Directions Humble Office 281-868-6355 7702 FM 1960 Rd E, Suite 212 Humble, TX 77346 Map & Directions The information on this website is for general information purposes only.

What happens if my spouse is disabled and can’t work?

Apr 09, 2015 · There are many ways to treat disability benefits depending the the particular circumstances in your case. If you have questions, you should review the issue with a local divorce attorney. Questions for Your Attorney Am I entitled to any part of my spouse’s disability benefits? How will disability benefits be valued in my divorce?

What happens to my disability if I get divorced?

Will getting divorced affect my payments? If you receive SSDI benefits based on your own earning's record, your benefit will not be affected by divorce. If, however, you are ordered to pay child support or alimony, a portion of your benefit may be garnished to fulfill those responsibilities.Nov 26, 2013

Can SSDI be taken in a divorce?

If you receive SSDI based on your own work history, your payments won't be affected by your divorce. This is because the amount of the disability payment is based on your work history, not your spouse's. Your benefits may be garnished, however, if you must begin paying alimony or child support.May 24, 2019

How does divorce affect Social Security disability benefits?

If your ex-spouse will also receive a pension based on work not covered by Social Security, such as government work, their Social Security benefit on your record may be affected. The amount of benefits your divorced spouse gets has no effect on the amount of benefits you or your current spouse may receive.

Can I collect my ex husband's Social Security if I am disabled?

Your ex-spouse is entitled to Social Security retirement or disability benefits. If your ex-spouse hasn't applied for benefits, but can qualify for them and is age 62 or older, you can receive benefits on his or her work record if you've been divorced for at least two years.

Can my wife get half of my disability?

Maximum Family Amount Each family member may be eligible for a monthly benefit of up to 50 percent of your disability benefit amount. However, there is a limit to the amount we can pay your family.

Can my wife get my SSDI if we divorce?

A surviving divorced spouse is entitled to SSDI benefits in the following circumstances: The surviving divorced spouse is 60 years old or older. The surviving divorced spouse is disabled and between 50 and 60. The surviving divorced spouse is eligible for the mother's or father's benefit (see above).

What percent of Social Security does a divorced spouse get?

50 percentThe most you can collect in divorced-spouse benefits is 50 percent of your former mate's primary insurance amount — the monthly payment he or she is entitled to at full retirement age, which is 66 and 4 months for people born in 1956 and is rising incrementally to 67 over the next several years.Apr 6, 2022

Do you get more Social Security if you are divorced?

MINT 6 projects increases over time in average Social Security benefits for all divorced women, regardless of their benefit type. Although divorced spouse benefits are lower on average than surviving divorced spouse benefits, many divorced women will become eligible for the higher benefits if their ex-husbands die.

What is the monthly amount for Social Security disability?

Social Security disability payments are modest At the beginning of 2019, Social Security paid an average monthly disability benefit of about $1,234 to all disabled workers.

How do I claim my ex husband's Social Security?

Form SSA-2 | Information You Need to Apply for Spouse's or Divorced Spouse's BenefitsOnline, if you are within 3 months of age 62 or older, or.By calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or visiting your local Social Security office.

How long do you have to be married to receive spouse's pension?

To receive a spouse benefit, you generally must have been married for at least one continuous year to the retired or disabled worker on whose earnings record you are claiming benefits.Mar 30, 2022

What is the maximum Social Security benefit in 2021?

The average Social Security retirement benefit is significantly lower than the maximum. It was $1,563.82 per month in November 2021, according to the most recent data available from the SSA....Average Social Security Payment by Age.Average Social Security Benefit by Age90 or older$1,344.7625 more rows

How long do you have to be married to receive SSDI?

If you're 62 years or over, you may have been receiving your spouse’s SSDI benefits while you were married. This payment won’t end upon your divorce unless: 1 you were married less than 10 years to your disabled spouse 2 you get remarried, or 3 you are entitled to a larger Social Security benefit based on your own work record.

What is disability payment?

Disability benefits include all payments received due to a workplace injury or other disability. Payments may include worker’s compensation payments and/or Social Security Disability Insurance (SSDI). When and how disability benefits are paid is a key factor in classifying benefits as marital or separate property.

What is the final divorce order?

A final divorce order will split all of a couple’s assets, including real property, bank accounts, pensions, retirement savings, and even disability benefits. Depending on your particular circumstances and where you live, you or your spouse’s disability benefits can be ...

Is worker compensation considered marital property?

Certain states follow a time-based analysis in assessing whether worker’s compensation payments are separate or marital property . For example, if the workplace injury occurred during the marriage, then any disability benefits could be considered marital property.

Can I get Social Security if my ex-husband dies?

you are entitled to a larger Social Security benefit based on your own work record. If your disabled former spouse dies, you may still be eligible for SSDI survivor benefits. To qualify, you must meet the following requirements: you were married to your ex-spouse for 10 years or more.

Is a state benefit considered marital?

State law usually controls whether benefits are treated as marital or separate. However, if you receive benefit payments regularly, it’s likely that a judge will deem the benefits to be marital payments, which should be divided between you and your spouse.

Can you change your SSDI if you are divorced?

Special Considerations for Social Security Disability Insurance Payments. SSDI payments are based on your own earnings record and typically won’t change just because you’re getting divorced. Your eligibility for SSDI is based on your work record, your disability, and your age—not your spouse’s.

Adrian Parke Tilley

You can contact www.metrovolunteerlawyers.org for free/reduced fee services.

Maha Kamal

Hi there! I'm sorry to hear about your situation. You can try and ask the Court to award immediate attorney fees to you to help you get representation.

David R Hartwig

You can check with your local Legal Aid Society, or Legal Services, to see if those entities can help.

How many quarters of employment do you need for a disabled person?

Not only must workers with disabilities have a certain number of quarters of employment based upon their age, but 20 quarters must be earned within the prior 10 years if the individual is over the age of 30.

Can a guardian file for divorce?

While some jurisdictions will not allow an individual lacking capacity to file for divorce, others will permit it if a guardian/conservator can demonstrate that it’s in the person’s best interests. Certain states allow a guardian/ conservator, with court approval, to file on behalf of a ward, while others do not.

Can I get SSDI if my ex-wife dies?

If an ex-spouse dies fully insured, a surviving ex-spouse with disabilities may be eligible for SSDI benefits on the deceased ex-spouse’s work record if higher than the record of the surviving ex-spouse with disabilities. The surviving ex-spouse must be at least 50 and married at least 10 years to the deceased ex-spouse. Remarriage after the age of 50 or termination of an earlier marriage will not affect eligibility for this benefit.

Can VA disability be garnished?

VA disability benefits may not be considered when dividing marital property. They may be garnished for pay spousal or child support, however, if the veteran waived a portion of retirement pay in order to receive nontaxable disability benefits. In any case, VA benefits are considered income when determining support obligations.

Can an ex-spouse get SSDI?

If an ex-spouse dies fully insured, a surviving ex-spouse with disabilities may be eligible for SSDI benefits on the deceased ex-spouse’s work record if higher than the record of the surviving ex-spouse with disabilities. The surviving ex-spouse must be at least 50 and married at least 10 years to the deceased ex-spouse.

Does divorce increase with disability?

Studies indicate that divorce rates increase with the onset of a disability. While any divorce is likely to be disruptive, when one or both partners have special needs, there are additional complications. Marital laws differ by state, but here are issues to consider.

Can an ex spouse help with special needs?

Still, a person with special needs may require an array of new services, depending on the ex-spouse’s previous level of involvement. Other family members may be able to provide assistance but professional services, paid for with private funds or through Medicaid waiver programs, may need to be considered. While custody of minor children will be determined by the court, based on their best interests, individuals with disabilities retain their parental rights, even if interacting with their kids requires supportive services.

What to consider when divorced with a disability?

When you consider separating from your spouse or filing for divorce, there are many things to consider, including each person’s finances and sharing custody of the children.

What is double dipping in divorce?

An issue that may arise during divorces involving disabilities is double dipping, which means a person’s income or an asset is used twice in two different calculations. From another perspective, double dipping means one spouse receives payment twice from a single asset or stream of income. For example, if the court has to calculate your child ...

What is alimony for spouse?

If your spouse has a disability that makes them unable to work, or means they have a lower earning potential than you, then your spouse may have a strong argument for seeking spousal support, otherwise known as alimony.

How long can a spouse be entitled to alimony?

Whether or not your spouse is entitled to alimony and for how long depends on several factors. Your spouse may be entitled to alimony for a certain percentage of the total months you were married. For marriages between five and 10 years, a spouse may ask for up to 60 percent of the months of marriage. The longer the marriage, the greater the ...

Does Massachusetts have alimony?

Alimony could last longer if you agree to it, or if your spouse can prove exceptional circumstances exist, which could include a significant disability. Massachusetts has a standard alimony formula and caps.

Can my spouse be my primary caretaker?

Your spouse may rely heavily on your income or health insurance. You may be their primary caretaker. All of these factors and others can impact your separation and divorce, which is why it is essential to speak with an experienced Boston divorce lawyer before making any decisions.

Can my spouse get Social Security without my income?

In connection with this, you should consider whether your spouse’s income can bear the cost of a caregiver alone or whether your spouse may need to apply for government assistance without your financial support. Your spouse may qualify for Social Security benefits without your income.

3 attorney answers

Please contact Lone Star legal Aid. ( www.lonestarlegal.org ), 1415 Fannin Street, Houston, TX 77002 at (800) 733-8394. Lone Star Legal Aid is the fourth largest service provider of free legal aid in the United States. Lone Star Legal Aid serves 72 counties in Texas—an area that covers...

Jacqueline R. Kriebel

The other place to check is the Houston Volunteer Lawyers, through the Houston Bar Association. Both South Texas College of Law and the University of Houston run family law clinics, and take clients for their students to work with. The problem with the free legal services is that their resources are limited and it...

What happens if your spouse has a disability?

When your spouse has a disability of any type, it adds an additional layer of stress to your divorce. Now this already emotionally tumultuous time is filled with extra responsibilities and concerns that must be addressed before your divorce can be finalized. If your spouse has a disability, you will need to contemplate whether they have ...

What to do after divorce?

Think about all of the things you do for them on a daily basis, including driving them to appointments, helping them shower, and running errands for them. After the divorce is over, these items will still need to be completed, even after they are living on their own.

Why is spousal support required?

Because your spouse has a disability, your required level of spousal support could typically be higher than the general population. Spousal support is often mandated to help cover the cost of services and care that your spouse will not be able to afford, based on current income or benefits.

Can you divorce a spouse with a disability?

It should be no surprise that divorcing a spouse with a disability is likely to entail a greater degree of planning than may otherwise be necessary. Remember, to start off on the right foot, make sure you have a thorough, accurate understanding of what you currently do for your spouse, as well as what would need to be done in your absence. Solutions can vary from having the assistance of a family member to hiring a caregiver.

Is spousal support permanent?

Spousal support is often considered permanent in these situations, at least until your spouse has a change in disability status, remarries, or receives new or additional benefits, which would change the necessity of your spousal support.

How does divorce affect disability?

How a divorce affects your disability payments depends on whether you were receiving disability benefits on your spouse's earnings record (dependent benefits), on your own Social Security work record, or through the SSI program.

How long do you have to wait to file for Social Security if you are divorced?

If your ex-spouse has not yet applied for Social Security benefits, you are still eligible to receive dependents benefits as long as it has been at least two years since your divorce and you and your ex-spouse are at least 62 years old.

Can you garnish your Social Security after divorce?

However, if you receive SSDI and you are ordered to pay alimony or child support following a divorce, a portion of your disability benefits may be garnished to satisfy those obligations. For more information, see our article on garnishment of disability benefits after divorce. Whether your Social Security dependents benefits will be affected by ...

How long do you have to be married to receive Social Security?

If you were receiving a spouse's benefit while you were married (because you were 62 years old or older), this payment should not stop when you get divorced unless: 1 you were married for ten years or less 2 you get remarried, or 3 you become entitled to a larger Social Security benefit under your own work record.

Does SSI increase when divorced?

SSI Disability Benefits. If you receive Supplemental Security Income (SSI) dis ability benefits, your payments may actually increase when you divorce. This is because SSI is a need-based benefit. Your eligibility for SSI and the amount of your monthly SSI check is calculated on the amount of resources available to you, ...

Can I get SSDI if I divorce?

If you receive Social Security Disability Insurance (SSDI, or SSD) based on your own work history, your payments will not be affected by your divorce because the amount of the disability payment is dependent on your work history alone, and not your spouse's.

Can I get Social Security if my ex-husband is unmarried?

you are unmarried, and. you are not entitled to a larger benefit under your own Social Security record. These benefits, of course, are only available if your former spouse qualifies for SSDI disability benefits or retirement benefits. If your ex-spouse has not yet applied for Social Security benefits, you are still eligible to receive dependents ...