In the event of your and your spouse’s divorce in Essex County or the surrounding New Jersey communities, you may be expected to fairly split up your marital property. What’s more, you may be unsure as to whether you may be expected to make alimony payments on top of sharing your SSDI benefits. In general, your SSDI may not be divided as marital property in accordance with federal law, though it can count as income, meaning your payments will be factored in when determining how much alimony the recipient spouse should receive. Continue reading to learn the chances of an alimony order when you are on SSDI benefits and how an experienced New Jersey SSDI benefits lawyer at The Law Offices of Sheryl Gandel Mazur can help you properly prepare.
Can I Be Ordered to Pay Alimony if I am on SSDI Benefits in New Jersey?
The short answer is, yes, you may be ordered to make alimony payments to your former spouse even if you are currently receiving SSDI benefits. This is because, as you may already know, your SSDI benefits are awarded based on your individual work history. Therefore, the court will still consider your SSDI benefits as income when determining alimony payments.
It is important to understand, however, that SSDI benefits, in accordance with federal law, are non-transferable. As such, your SSDI benefits will not be subject to distribution under New Jersey’s equitable distribution laws.
That said, you must keep up with your alimony payments. This is because, if you do not, then the court may order your SSDI payments to be garnished to pay off your order. More specifically, the court may order up to 60 percent of your SSDI benefits to be sent directly to your former spouse. And if you are behind by 12 weeks or more, then the court may increase this garnishment to 65 percent.
On the other hand, if you have been ordered to receive alimony from your former spouse, then your SSDI payments may not be affected. However, the same may not go for Social Security Income (SSI) benefits.
When SSDI Can Be Used to Pay Alimony
- The courts, including the Essex County Superior Court, Family Division, view SSDI as income for support payments, not a divisible asset
- Alimony is based on the recipient’s need for financial assistance, not the source of the paying spouse’s income
- As such, SSDI recipients may need to contribute financially to their former spouse
- Federal law allows SSDI benefits to be garnished (legally withheld) to pay alimony and child support obligations
- Courts will consider the overall financial circumstances of both parties
Can I Modify Alimony if I Become Disabled and Receive SSDI in Essex County?
Unfortunately, it’s not unheard of for a paying spouse to suffer a disability that drastically impacts their finances. As such, you may be eligible to seek a modification of your existing alimony payments based on the change in circumstances that impacts your ability to make payments
How to Request a Post-Judgment Modification in Essex County
First and foremost, it’s important to understand that a post-judgment modification will only be granted when a substantial change in circumstances occurs. You cannot simply request a modification because you disagree with the court’s decision. As such, if you suffer a disability, you can take the following steps to seek a modification to your current alimony order:
- File a formal motion with the court
- Provide documentation and evidence that shows:
- Your reduced income as a result of your disability
- Your SSDI award documentation
- Medical records that support your claims that you cannot work
- After a thorough review of your circumstances, the court may:
- Temporarily suspend your alimony payments
- Leave the order unchanged if they deem the evidence insufficient
- Reduce your alimony payments
Can My Former Spouse Collect My SSDI Benefits When I Pass On?
First of all, if your former spouse received dependents’ benefits through the SSDI program while you were married, then they may continue to receive these benefits after your divorce.
When an Ex-Spouse Qualifies for SSDI Benefits
- The marriage lasted at least ten years
- Your ex-spouse is aged 62 or older
- Your ex-spouse is unmarried at the time they begin collecting benefits
- Benefits are based on your work record, but your SSDI payments will not be impacted or reduced
When Might Benefits Be Discontinued for an Ex-Spouse?
- Your former spouse is entitled to a larger amount of benefits under their individual work history
- You and your former spouse were only married for 10 years or less
- Your former spouse is 62 years old or younger
- Your former spouse decides to remarry
Contact an Experienced Essex County SSDI Attorney Today
So no matter what your specific case may be, you must not question your instinct to retain the services of a skilled New Jersey SSDI benefits lawyer. Our team at The Law Offices of Sheryl Gandel Mazur, located in Essex County, will work to determine what legal option is in your best interest. Our team is proud to represent clients across the state in fighting for the justice and compensation they deserve. When you need help, do not hesitate to contact our firm today.
