Can You Receive Disability and Alimony at the Same Time?
Yes, you can receive disability benefits and alimony simultaneously in Colorado—which is good news for individuals with disabilities who are experiencing the emotional and financial stress of divorce.
However, getting the Social Security benefits that are rightfully yours can be a nightmare without legal representation. That’s why it’s crucial to have an experienced divorce attorney from a top-notch law firm guiding you through the process and fighting for your rights.
Disability Benefits
Two government programs offer disability benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
SSDI is funded through payroll taxes. It provides benefits to individuals with a work history who’ve paid into the system and have a disability that prevents them from working. SSI is a needs-based program that provides benefits to disabled, blind, or elderly individuals with limited income and resources.
Alimony
Alimony is financial assistance provided by the higher-earning spouse as the result of a court order after a divorce settlement. Its purpose is to help the spouse receiving the assistance maintain the standard of living they were accustomed to before the split.
In Colorado, alimony isn’t an absolute right, but judges can award it if the circumstances warrant it.
When determining alimony, the court considers not only each person’s current income but also their earning potential.
Another crucial factor is the length of the marriage. Generally, the longer the marriage, the more likely alimony will be awarded, and the amount may be more substantial.
The court also takes into account the couple’s standard of living during their marriage, as well as their age and health. If kids are involved, the court considers child custody arrangements and child support obligations, which can impact the alimony amount.
Additionally, it looks at how the couple’s assets and debts will be split in the divorce. Examining all these factors helps the court determine an alimony amount they consider fair and reasonable.
How Disability Affects Alimony Payments
Are you receiving SSDI payments and wondering if alimony will cut into them? Good news: your Social Security benefits are safe! They’re based on your past work income, so getting alimony shouldn’t reduce your benefits.
Think of it like this: SSDI is about replacing the income you lost due to disability, ensuring that you can maintain some financial stability. Alimony, on the other hand, is about providing ongoing financial support after a divorce. Since they serve distinct purposes, receiving SSDI benefits won’t affect your alimony.
However, if you receive SSI, your payments could be reduced if you get alimony. SSI benefits are based on income, and the Social Security Administration considers alimony income.
Frequently Asked Questions (FAQs)
Am I still entitled to alimony if my former spouse gets Social Security disability benefits?
The answer is that it depends. While disability benefits can affect alimony payments, they don’t necessarily mean you’re no longer entitled to support.
To qualify for alimony in Colorado, you’ll typically need to meet specific requirements, such as:
Being married for at least 10 years
A significant income disparity between yourself and your spouse
Proof that you’re unable to support yourself
Even if your former spouse receives Social Security disability payments, you may still be eligible for alimony if you meet these and other requirements. However, the court will consider disability benefits as part of your ex’s income when determining the alimony amount.
Can disability payments be garnished to pay alimony?
Garnishment means collecting a debt by ordering the person who owes it to pay money directly to the person they owe it to.
Only SSDI benefits can be garnished to comply with an alimony order--not SSI payments. If a person receives concurrent benefits (SSDI and SSI simultaneously), only the SSDI will be affected.
When are disability benefits considered marital assets?
A marital asset is property accumulated during the marriage that can be divided at divorce. Marital assets can be tangible, like an automobile or a house, or intangible, like money in a bank account.
In Colorado, disability benefits aren’t considered marital property, which means that if one spouse has a bank account containing only disability benefit proceeds—like a lump-sum back payment from an SSDI claim— those funds are generally excluded from the court-ordered property division.
However, while the disability benefits are protected, the court considers them when deciding how to fairly distribute assets during a divorce.
This means that both ongoing disability payments and any lump-sum awards received will be considered when determining the overall property division. So, while the disability benefits might not be split directly, they can still impact the property settlement.
What happens if the person paying alimony becomes disabled?
If the person paying alimony (the payor) becomes disabled, it could impact their ability to make payments. In this case, the payor can ask the court to modify or reduce their alimony payments.
The court will consider the payor’s new financial situation, including their reduced income due to disability, and may adjust the alimony amount accordingly.
However, the payor can’t just stop making payments without court approval. They must petition the court, provide proof of their disability and financial changes, and wait for the court’s decision. If the court agrees, the alimony payments can be reduced or even suspended temporarily or permanently.