Whether you sustained an injury at work that prevents you from being able to do your job or you’re suffering the long-term effects of a chronic illness, you may rely on disability payments to help support you. However, when you and your spouse divorce, you may wonder whether or not this income will be used to pay alimony toward your spouse. This is a valid concern for many, so you’ll want to keep reading to learn more about these complex matters. Additionally, you’ll discover how a Nassau County alimony lawyer can assist you with any problems you may have.
What Factors Influence Alimony Payments?
There are a number of factors that will influence whether or not a dependant spouse will receive alimony, how much the payments will be, and how long they will last in New York. These factors include, but are not limited to, the following:
- How old each spouse is
- The earning capacity of each spouse
- The standard of living established during the marriage
- How long they were married
- Whether or not one spouse put their career aside to raise a family
- What the child custody plan is, if there are children involved
It’s critical to note that alimony payments are not intended to be permanent sources of income for the recipient’s spouse. Instead, they are there to support them until they can get back on their feet and earn income following the dissolution of the marriage.
How Can Disability Payments Factor In?
If you receive a Supplemental Security Income (SSI), it’s necessary to understand that these wages cannot be garnished for spousal support payments. In fact, your SSI payments may increase due to your household income decreasing during a divorce.
However, if you are receiving Social Security Disability Income (SSDI), a portion of these wages can be taken and given to your spouse to pay for alimony or child support. This is because the courts consider these payments income, meaning they will be factored in when determining whether or not to award alimony to a spouse. Additionally, unlike SSI payments, this amount is fixed and will not change after your divorce.
How Can an Attorney Help Me?
If you are worried about your livelihood in the event your spouse receives alimony payments while you’re on disability, it’s imperative to contact an attorney as soon as possible to discuss your options. Because there are so many factors that influence this decision, letting someone well-versed handle the matter is crucial to ensuring you receive the best possible outcome for your circumstances.
That’s why the team at Barrows Levy is dedicated to helping you. We understand how challenging these times can be, and, as such, we’re ready to help. Contact our firm today to discuss your legal options with a member of our team.
