is it legal for your divorce attorney to ask what you get disability for

No. Federal law – specifically, the Uniformed Services Former Spouses’ Protection Act, found at 10 U.S.C. §1408 – exempts VA disability payments from division upon divorce. It is not an asset which can be divided at divorce as marital or community property. I’ve heard that state laws do not take precedence over federal law.

Full Answer

Can I divorce my spouse who has a disability?

Sep 02, 2016 · Your chances of getting divorced increase with the onset of either spouse’s disability. If you or your spouse has special needs, there can be additional issues to consider as part of your divorce case, including financial support, child …

What happens to my SSDI benefits after a divorce?

Apr 09, 2015 · Nevertheless, if you’re ordered to pay child or spousal support as part of a divorce, a court can garnish portions of your disability payments to meet those obligations. If you're 62 years or over, you may have been receiving your spouse’s SSDI benefits while you were married. This payment won’t end upon your divorce unless: you were married less than 10 years to your …

Do I need a lawyer to get a divorce?

You would have to ask yourself whether or not your spouse is mentally able to participate fully in the divorce process due to their failing mental health. When you hire an attorney to represent you in your spouse, you should consult with them to determine under state law what is appropriate in terms of your spouse’s capacity to represent themselves in a divorce or to even engage with …

Can My Social Security disability be garnished during a divorce?

Jan 14, 2021 · 1. Ask them to describe their approach to the divorce process. Each lawyer you speak to should have a slightly different answer to this. Sure, the divorce process is the same, in terms of paperwork, but your lawyer’s approach will differ. This open-ended question will give you some insight into the strategies they might employ to get you to ...

Does disability affect divorce settlement?

Any Physical or Mental Disability of the Parties The Court will consider any disabilities each party may have and will adjust their decision accordingly.Mar 14, 2018

Are disability payments marital property?

Although SSDI benefits generally aren't considered marital property, depositing such funds into a joint account might result in a 50:50 division in a state with an equal property division divorce statute.Jan 11, 2021

Can my ex wife get half of my disability?

A divorced spouse generally receives 50% of the disabled worker's primary insurance amount (the amount of his or her monthly SSDI check). However, this amount is reduced if you collect it before reaching full retirement age.

Can my ex wife get my disability?

Your ex-spouse is entitled to Social Security retirement or disability benefits. If your ex-spouse hasn't applied for benefits, but can qualify for them and is age 62 or older, you can receive benefits on his or her work record if you've been divorced for at least two years.

Is Social Security split in a divorce?

Social Security benefits are not actually divided in divorce, and California courts do not divide social security rights. They are not the subject of divorce settlements. Social security benefits are considered the separate the property of the contributing spouse.Dec 29, 2009

How is alimony determined?

As noted, alimony is generally based largely on what each of the divorcing spouses "reasonably earn." That means that if a person is deliberately working at a job that pays less than what he or she could earn, the courts will sometimes figure the alimony amount based on a higher figure, in what is referred to as ...

Can I draw SSDI off my ex husband?

If you are divorced and drawing SSDI, your former spouse also may be able to collect benefits if the marriage lasted at least 10 years and your ex is 62 or older and has not remarried. Benefits paid to an ex-spouse do not affect what you or your current spouse get from Social Security.

Can I draw Social Security off my ex wife?

Yes. You are eligible to collect spousal benefits on a living former wife's or husband's earnings record as long as: The marriage lasted at least 10 years.6 days ago

Can my ex wife collect on my Social Security if I remarry?

If you have since remarried, you can't collect benefits on your former spouse's record unless your later marriage ended by annulment, divorce, or death. Also, if you're entitled to benefits on your own record, your benefit amount must be less than you would receive based on your ex-spouse's work.Feb 15, 2018

How do I claim my ex husband's Social Security?

Form SSA-2 | Information You Need to Apply for Spouse's or Divorced Spouse's BenefitsOnline, if you are within 3 months of age 62 or older, or.By calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or visiting your local Social Security office.

Can two wives collect Social Security from one husband?

As a spouse, you have the option of claiming a Social Security retirement benefit based on your own earnings record or collecting a spousal benefit equal to half of your spouse's Social Security benefit.Jan 29, 2016

Can I get my ex husband's Social Security if he dies?

you're eligible for some of your ex's Social Security wives and widows. That means most divorced women collect their own Social Security while the ex is alive, but can apply for higher widow's rates when he dies.

Background & Experience

• Questions to ask about an attorney's experience and education include: 1. How much experience do you have handling divorces? 2. Where did you go to college and law school? 3. When did you graduate? 4. Have you previously handled cases similar to mine? 5. Do you handle child custody cases (if applicable)? 6. Do you have experience using mediation or arbitration in divorce cases…

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