How does Social Security work if you get divorced?
If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if: Your marriage lasted 10 years or longer. Your ex-spouse is unmarried. You are entitled to Social Security retirement or disability benefits.
How does disability affect alimony?
Disability Income’s Affect on Alimony 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.
Is Social Security considered income for alimony?
For alimony determinations, all types of Social Security benefits count as income.
Is Social Security income part of divorce settlement?
According to Federal statute, Social Security benefits are not divisible in divorce proceedings, and therefore cannot be considered a marital asset subject to distribution. However, federal law does not prohibit the division of pension benefits that are received in lieu of Social Security.
Is Social Security a marital asset?
Social Security is a federal program designed to provide economic security for the retired and disabled. Federal law has clearly stated that state courts can’t treat social security as marital property; the benefits will always be the separate property of the spouse who accumulated them. …