You may be going through a rough time if you first incur a physical, mental, or emotional disability, and soon after your spouse serves you with divorce papers. While you may already be collecting Social Security Disability Insurance (SSDI) benefits, you may have equally anticipated receiving extra support from your spouse. But now, you may be left unsure of how your financial standing and support will look post-divorce. If this is your current situation, please continue reading to learn whether your disability will affect the decisions made in your divorce case and how an experienced New Jersey SSDI benefits lawyer at The Law Offices of Sheryl Gandel Mazur can prepare you and protect your SSDI benefits during these case proceedings.
Will my disability affect the outcome of my divorce case?
Firstly, you may feel a little better knowing that your SSDI benefits may be considered separate property rather than marital property. This means they may not be subject to the New Jersey family court’s equitable distribution proceedings and you may continue to keep these monthly payments to yourself post-divorce.
However, as for the SSDI benefits payments you have received thus far, things may get more complicated if you unintentionally commingled them. That is, if you deposited these checks into a joint bank account you share with your spouse. Or, if you used these payments to pay off your marital debts. Overall, the court may have more difficulty in splitting up these assets and debts fairly and justly.
Will I still be assigned to pay support with my disability?
By receiving monthly SSDI benefits payments, you indicate to the New Jersey family court that you cannot maintain substantial gainful employment activity and receive the same amount of income as before. With this into consideration, the court may conclude that you do not have the means to provide ongoing financial support to your spouse and children, and in contrast, that you are the one who should be the recipient of this support.
Although, your SSDI benefits may not be the end-all-be-all for determining spousal and child support orders. That is, the court may look into other factors and still make you the payor of these financial obligations. This may be if your spouse gave up their career to take on domestic duties during your marriage and now has a very low earning capacity that would leave an economic burden on themself and your shared children. Plus, if your spouse was awarded primary custody rights over your shared children and requires more funds to cover their daily expenses. With these circumstances, the court may still consider your disability but ask that you pay a lesser amount of spousal and child support.
To conclude, you must be fully equipped to enter your upcoming divorce proceedings. Your preparation is incomplete without hiring a skilled New Jersey SSDI benefits lawyer. Contact The Law Offices of Sheryl Gandel Mazur today.
