Divorce can be a difficult and stressful time, and it can be even more complicated when you add in the potential impact on Social Security Disability Benefits. In Missouri, divorcing couples may need to consider how their divorce may affect their Social Security Disability Benefits. Here’s what you need to know.
How Are Social Security Disability Benefits Calculated?
Before you can understand how a divorce may impact Social Security Disability Benefits, it’s important to know how those benefits are calculated.
Social Security Disability Benefits are awarded to individuals who have paid enough into the Social Security system over the years and are unable to work due to a disability. The amount of the benefit is based on the individual’s work history and the amount of money they have paid into the system over their lifetime.
Social Security Disability Benefits and Divorce
If you are a disabled individual and you are going through a divorce in Missouri, it’s important to understand how your Social Security Disability Benefits may be impacted.
In most cases, Social Security Disability Benefits are considered separate property and are not subject to division during a divorce. This means that your ex-spouse is not entitled to a portion of your benefits solely because you are divorced.
However, there are some situations where your divorce may impact your Social Security Disability Benefits.
Spousal Benefits
One way in which a divorce may impact Social Security Disability Benefits is through spousal benefits. If you were married for at least 10 years and your ex-spouse is currently receiving Social Security benefits, you may be eligible to receive benefits based on your ex-spouse’s work history.
These benefits are known as spousal benefits and may be available to you if you are at least 62 years of age and not currently married. If you do remarry, you will no longer be eligible for spousal benefits based on your ex-spouse’s work history.
How a Disability May Impact Property Division
In Missouri, property division is typically done through equitable distribution. This means that property, assets, and debts are divided in a way that is fair to both parties.
However, if one spouse has a disability and requires additional financial support or medical care, the court may take this into consideration during property division. This may impact how property and assets are distributed, and could potentially impact Social Security Disability Benefits.
Consulting a Missouri Divorce Attorney
Going through a divorce can be a stressful and emotional time, and it’s important to have the right legal representation on your side. If you are a disabled individual going through a divorce in Missouri, it’s important to consult with a family law attorney who has experience with Social Security Disability Benefits.
An attorney can help you understand your rights and what to expect during the divorce process. They can also help you navigate the complex legal system and work to ensure that your Social Security Disability Benefits are protected.
Conclusion
Divorce can be a difficult and complex process, especially when it comes to Social Security Disability Benefits. If you are a disabled individual going through a divorce in Missouri, it’s important to understand how your benefits may be impacted. Working with an experienced family law attorney can help you protect your rights and ensure that your Social Security Disability Benefits are safeguarded during the divorce process.