People on disability are generally not going to be seen as the more financially secure spouse in a divorce proceeding. This means that it is extremely rare that the disabled spouse will be forced to pay anything. It is important to look at all of the possibilities though, just to see if there is any chance that you need a Tazewell County alimony lawyer to take a closer look at your situation.
Will I Owe Anything If I am On Disabilty?
It is exceedingly unlikely that the spouse who is on disability will have to pay alimony. Being on disability means taking Social Security Disability Insurance benefits, or SSDI for short. These can be given to people who once worked but now find themselves unable to work in the same capacity. In fact, working too much and making more than a certain amount of money can end up disqualifying them from claiming their benefits.
So there really is not much of an opportunity for someone on SSDI to make much money of their own. If they are barely making enough and have to scrape by on government benefits, ordering them to pay alimony would seem quite pointless unless there was another area where the money could come from.
Does the Spouse on Disability Receive Alimony?
Sometimes our clients on disability wonder if they will automatically receive alimony. It is important to know that this is not a guarantee. The court looks at many different factors before deciding on something like spousal support. Your disability could be a part of the judge’s consideration, but it is unlikely to be the only element that matters. The length of your marriage, the standard of living you and your spouse are both used to, and other things all need to be looked at closely.
Receiving lifetime alimony assistance is unlikely, but it is a possibility. If you want to fight for that, our lawyers can help you.
Can an Alimony Agreement be Modified?
It is also possible for an alimony agreement to be modified if someone’s situation changes. For example, if one parent works but gets seriously injured, they might start to claim disability benefits. Whether they were the spouse receiving alimony or the one sending it, some calculations might be in order.
It is also important to note that accepting disability benefits does not get one off the hook for previously owed payments. SSDI payments can be garnished for child support and alimony.
Schedule a Consultation
If you want to learn more about your potential financial obligations in a divorce, contact Butler, Giraudo & Meister, P.C. We can answer any questions that you have, and we can help you fight for the best possible outcome in your divorce. Reach out and schedule your initial consultation today.