Noteboom The Law Firm

Divorce and Social Security Disability Benefits

The Social Security Administration may provide disability benefits if you suffer from a disability that interferes with your daily activities and your ability to work. These benefits help replace lost income that results from the disability. If you are facing a change in your marital status, you may be wondering what happens to Social Security disability benefits in the case of a divorce.

The laws for each state may differ, which is why it is important that you contact a disability attorney if you collect disability benefits and are facing a divorce. When couples divorce, they divide up the assets that they have acquired while together. These assets can include:

• House;
• Furniture;
• Pets;
• Savings; and
• Electronics.

Disability benefits may be considered as a source of income. Income is normally considered as marital property, so that would mean would be divided. However, another school of thought is that disability is not income but, rather, a means of helping a person who is sick or injured. Therefore, only that person is entitled to receive disability benefits.

Various factors are taken into consideration in such a situation, including whether or not the disability benefits began prior to marriage. Because this can be a very sticky and complex situation, your Social Security disability attorney should be consulted, particularly if you have concerns that your change in your living situation will impact your ability to collect your full Social Security disability benefits.

If you or someone you love is disabled and unable to work, contact a disability attorney who can help you understand your rights.

A qualified Social Security disability lawyer can help you prove if you suffer from a severe mental or physical disability. Don't go it alone! The attorneys at LaVan & Neidenberg, located in Atlanta, Georgia, understand the inner workings of the Social Security Administration and will help you navigate the system. Call us today for a FREE legal consultation - 1-888-234-5758.