Are Social Security disability benefits community property in California?
The parties agree that under existing law, Annette’s LACERA benefits that accumulated during the marriage are a community asset. Although retirement benefits are generally community property under California law, federal law mandates that Social Security is separate property.
Will alimony affect my Social Security disability?
Alimony won’t affect the amount you receive in SSDI benefits, but disability benefits are a factor in determining the amount of alimony you receive. Alimony payments are based on the spouse’s financial needs, earning potential and ability to work.
How do I get my ex to pay alimony?
Hire an alimony attorney or file a claim on your own with the appropriate legal paperwork. Contact your local court or go online to locate the right documents. Ask a judge to order your spouse to make the payments and keep up with payments in the future. The courts call this a motion for contempt or enforcement.