Can my wife get my VA disability if we divorce?
Can my wife get my VA disability if we divorce?
The Uniformed Services Former Spouses’ Protection Act exempts VA disability benefits from being divided during a divorce. In other words, VA disability compensation is not an asset that a judge can divide as marital or community 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.
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.
What happens with Social Security after divorce?
Depending on their circumstances, divorced Social Security beneficiaries can receive either retired-worker benefits, which are based on the individual’s own covered earnings history; auxiliary benefits, which are determined by a living or deceased former spouse’s covered earnings history; or a combination of both.
Can I collect Social Security from my husband if he is still alive?
You can claim Social Security benefits based on an ex-spouse’s earnings, too. If your ex is still alive, you must be at least 62 years old, currently unmarried, and your previous marriage must have lasted at least 10 years.
Can I take my social security and then switch to spousal benefit?
En español | Only if your spouse is not yet receiving retirement benefits. In this case, you can claim your own Social Security beginning at 62 and make the switch to spousal benefits when your husband or wife files. Again, Social Security will pay the greater of the two benefit amounts.
