I Am Disabled and Divorcing - Will My Social Security Disability Benefits Be Included In My Income For Purposes Of Calculating Alimony In Pasco County, Florida?
If you are disabled and you are living off of Social Security, and have no other significant sources of income, it’s probably unlikely that you will be ordered to pay alimony if you are living off of Social Security Disability Income, although each case depends on the circumstances.
It also depends what type of payments from the Social Security Administration you are receiving.
There are generally three types of payments individuals receive from the Social Security Administration, and they all serve different purposes. When most people talk about receiving Social Security, they mean benefits that they receive because they have reached a certain age and have paid into the system during their working years.
There is also Supplemental Security Income (SSI), which pays benefits to disabled adults and children who have very limited resources. Finally, some people receive Social Security Disability Insurance (SSDI), which pays benefits to individuals who become disabled and cannot work, who have paid into the system during their working years.
Most people who receive SSI are legally unable to get married and probably will not have children. If they did, however, SSI is not available to pay child support or alimony and cannot be garnished. Standard social security benefits and SSDI, however, will be counted as income and be used in calculating alimony and child support. Social Security and SSDI can also be garnished to pay for child support and alimony.
If you have questions about calculating alimony, and how Social Security payments affect alimony, you should call a divorce attorney.