Correlation Between Divorce and Disability Benefits in Brick, NJ

Divorce Lawyers in Monmouth and Ocean Counties representing clients in towns like Manasquan, Jackson, Rumson, Marlboro, and Holmdel

When you can’t work because you are hurt, concerns about how you will pay your bills and take care of your family are at the forefront of your mind. Likewise, counting on your share of your social security disability payments, or your spouse’s, can lead to additional questions when you are considering filing for a divorce. SSI and SSDI benefits are essential to you, but unfortunately, divorce can affect your right to receive those benefits.  It is essential to have knowledgeable representation to help you understand how divorcing from your spouse impacts your social security benefits, what happens if you remarry or they do, and other ways things can change in the future based on changes in your respective life circumstances. The whole process can be complicated to follow if a knowledgeable family lawyer who understands the impact that a divorce can have on your benefits does not represent you.

If you are seeking help for social security and divorce matters in Monmouth, Ocean, and Southern New Jersey, contact the Bronzino Law Firm for a free confidential consultation at (732) 812-3102.

Two Different Roads to Access Disability Benefits

SSI (Supplemental Security Income)  is 100% based on economic needs by calculating the income and assets of the applicant. It isn’t funded by the SSI trust fund but by general tax funding.  It is based only on financial need, not work history.  To qualify, the holder cannot have more than $2,000 ($3,000 jointly) and an income of $841 a month (one person) or $1,261 (two people).  They usually receive Supplemental Nutrition Assistance Program (SNAP), also known as Food Stamps. Several years ago, food stamps were physical dollar-like pieces of paper. Still, as technology has advanced, the amount they qualify for is placed on a government-issued card similar to a credit card. The monthly stipend amount depends on where a person lives and the monthly income they receive.  People with a disability are also able to receive healthcare through Medicaid.

SSDI (Social Security Disability Insurance) is paid for through payroll taxes.  Applicants must be younger than 65 and have worked for a certain number of years, making contributions to the Social Security Trust Fund in Social Security taxes (FICA) and having earned work credits. You can earn up to 4 credits yearly. A disabled person will be eligible for Medicare after two years or receiving SSDI. A disabled person’s family will be eligible after two years. There is a five-month waiting period which can be longer depending on how much your salary is.  Typically, acceptance rates for SSDI are higher than SSI benefits because the latter requires nearly zero assets and earnings.

Conditions to Receive Disability Benefits of a Deceased Spouse

If you were married for at least ten years, are at least 60 years old, older than 49, are disabled, and you aren’t eligible for a more significant benefit under your own Social Security record, you may qualify for your late spouse’s Social Security benefits, barring haven gotten remarried.

If an ex-spouse had full benefits at the time of death, a living ex-spouse with disabilities must be at least 50  years old and have been married for ten years. The ex-spouse can seek eligibility for SSDI based on the ex-spouse’s work record.

Dealing with Disability Benefits in the Middle of Divorce

Diminished Capacity Although it is sad to consider, as one gets older, our ability to reason and comprehend procedures such as these, some states will allow a guardian to make decisions for a party based on the person’s interpreted wishes. Some jurisdictions won’t allow a divorce to take place if a party lacks capacity in any way.

When a divorce is friendly, an ex-spouse frequently wants to play a supportive role in their ex’s life, especially when minor children are in the relationship.  Unfortunately, more help could be required, such as round-the-clock care. Other family members could offer care services or apply for Medicaid waiver programs. The court will determine child custody if need be.  Sadly, what is wanted by the parent or child is not always what happens.

SNT (Special Needs Trust)

Getting a divorce will change someone’s needs-based eligibility for government benefits.  An SNT (Special Needs Trust) should be created by the court to hold alimony payments or marital assets. According to federal regulations, a first-party SNT should be part of the divorce judgment.  The court created a type of shelter to hold an individual’s share of the divided assets and alimony payments. It is not available for the ex-spouse who needs government benefits and is 65 or older. Funds resulting from a personal injury settlement or inheritance are protected.

Will Your Divorce Be Affected If You are a Recipient of Social Security Disability?

When you get divorced, a spouse can receive part of the ex-spouse’s SSDI benefits for a retirement plan, pensions, or anything else that counts for equitable distribution.  Since SSI acceptance is based on several requirements, benefits may not be granted unless you are 62 years old, you and your ex-spouse had been married for more than ten years, or you aren’t receiving a higher SSDI benefit on your record.

Dependents’ Benefits If One Spouse Gets Remarried

You won’t have benefits if the work history of the person with whom you were married is used to secure your benefits.  A disallowment is made if your present consort perishes, dissolves the marriage, or you submit an abrogation and your second nuptials transpire within a distinct age as considered above. However, if your current spouse is suitable for certain auxiliary Social Security benefits or survivor’s benefits, your benefits may be unfaltering. When your former husband or wife is procuring benefits based on your labor report, neither their benefits nor those of your dependents change. Suppose you choose to get married again, and your first spouse acquires benefits grounded in your work record. In that case, the person to whom you were married will not lose their benefits, nor will your other eligible people who rely on you.

If you remarry and your benefits are based on your ex-spouse’s work history (SSDI), often, your gifts will no longer be continued.  There is an exception if your second spouse dies, divorces, or seeks an annulment from you, and the age requirements listed above apply; you can keep your benefits from your first marriage.  If your former spouse is receiving disability benefits based on your work record, your benefits will be eligible to your dependents.

A parent’s benefits will not depend on whether or not a disabled or retired spouse is receiving gifts. Getting remarried will not change benefits either.  The requirements are that you take care of a child between the ages of 0-16, and that child belongs to your spouse or ex-spouse or a disabled child 22 and older who has been disabled since before they were 22. SSI payments cannot be garnished due to alimony or child support, even if an individual’s benefits increase.  You can receive benefits on an ex-spouse’s record if the child is younger than 16.

Consult with one of our Family Lawyers to Discuss the Different Scenarios for your Disability Benefits in Ocean County, NJ

Divorce is never easy, and even the most amicable ones can leave you concerned about your future and your dependents. At the Bronzino Law Firm, our highly respected divorce and family lawyers are prepared to answer all of your questions about divorce-related society security disability issues, outlining all of the possible scenarios clearly and compassionately.

With vast knowledge and many successes representing clients in the divorce process, our attorneys are at your disposal in Red Bank, Manchester, Beach Haven, Lacey, Lavallette, Bayhead, and towns in and around Monmouth and Ocean Counties. If you need legal help and representation regarding your divorce and your benefits, contact us by calling (732) 812-3102 or online for a cost-free consultation.