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Disability payments are often a vital source of income for a family. But what happens when those payments become marital property? Who gets to keep the money if the couple divorces? This is an important question that deserves careful consideration.

What Counts as a Disability?

There are many different types of disabilities, and the definition of what counts as a disability can vary depending on the context. Generally speaking, a disability is any condition that impairs a person’s ability to perform everyday activities. This can include physical impairments, mental health conditions, and learning disabilities.

What Is Marital Property?

Marital property is any asset that is jointly owned by a married couple. This can include real estate, bank accounts, vehicles, and other assets. In some states, the marital property also has income that either spouse earns during the marriage.

What Are Disability Payments?

Disability payments are any benefits paid to a person who is unable to work due to a disability. These payments can come from private insurance policies, government programs like Social Security Disability Insurance (SSDI), or other sources.

When Are Disability Payments Marital Property?

The answer to this question depends on the laws of your state. Some states consider all disability payments to be marital property, regardless of when they were received. Other states only consider disability payments to be marital property if they are acquired during the marriage.

If you live in a state that considers all disability payments marital property, then any benefits you receive will be regarded as part of the marital estate. This means that they will be divided equally between you and your spouse if you divorce.

If you live in a state that only considers disability payments to be marital property if they were received during the marriage, then benefits you received before getting married will not be considered part of the marital estate. However, any benefits you receive after getting married will be regarded as part of the estate, except for veteran’s disability benefits.

What Happens with Disability Payments in Divorce?

If you are going through a divorce, the court will divide your marital assets equally between you and your spouse. This includes any disability payments that are considered part of the marital estate.

If you are receiving disability payments, it is important to speak with an experienced divorce attorney in your state to understand how these payments will be affected by your divorce.

How Can CreditAssociates Help?

If you are struggling with debt, our team of certified debt consultants can help you develop a plan to get out of debt. We will work with you to reduce your debt while paying less than you owe. Contact us today at 1-800-983-6693 to set up a free consultation. We’re here to help you live better, debt-free!

Common Questions About Disability Payments:

Can my ex-spouse get half of my disability?

It depends on your state’s laws. If your state considers all disability payments marital property, then your ex-spouse will be entitled to half of your benefit with the exception of veterans disability benefits.

Are disability benefits affected by marriage?

Again, it depends on your state’s laws. If your state only considers disability payments to be marital property if received during the marriage, then benefits you received before getting married will not be affected by your divorce. However, any benefits you receive after getting married will be considered part of the marital estate and will be divided equally between you and your spouse in a divorce.

Can my spouse claim half my disability pension?

It depends on the type of disability pension you have and what the courts determine to be marital property. If your disability pension is considered part of the marital estate, then your wife may be entitled to half of the benefits you receive. You should speak with an experienced divorce attorney in your state to determine how your disability pension will be affected by your divorce.

What happens to my disability if I get a divorce?

If your disability payments are considered part of the marital estate, they will be divided equally between you and your spouse in a divorce. You should speak with an experienced divorce attorney in your state to understand how your disability payments will be affected by your divorce.