Disability and Divorce in Alabama

This is a discussion on Disability and Divorce in Alabama within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Is disability income (SSI and private) considered marital income in the state of Alabama or is it soley an asset ...

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Old Jun 9th, 2011, 01:30 PM   #1
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Default Disability and Divorce in Alabama

Is disability income (SSI and private) considered marital income in the state of Alabama or is it soley an asset for the disabled spouse?
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Old Jun 9th, 2011, 09:15 PM   #2
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Default Re: Disability and Divorce in Alabama

Disability is personal income of the disabled person according to the Social Security Administration that administers the program.

The context of your question, connecting it with divorce is not clear. Can you elaborate on your question?
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Old Jun 9th, 2011, 10:09 PM   #3
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Default Re: Disability and Divorce in Alabama

I am being paid both SSI and private insurance disability. In Alabama, during a divorce settlement, is that money counted as "marital income" when determining alimony? I have read both that it does count as marital income and that it is not as it is payment for a loss suffered by the disabiled person.

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Old Jun 10th, 2011, 09:59 PM   #4
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Default Re: Disability and Divorce in Alabama

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Originally Posted by disabled View Post
Is disability income (SSI and private) considered marital income in the state of Alabama or is it soley an asset for the disabled spouse?
No. It's not a community property state. It's considered an asset only for the disabled person drawing it.
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Old Jun 11th, 2011, 11:06 AM   #5
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Default Re: Disability and Divorce in Alabama

Is that true for wages as well? I thought wages are considered in the computation of alimony. It sounds from your post that disability income would not be considered in alimony??
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Old Jun 11th, 2011, 05:10 PM   #6
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Default Re: Disability and Divorce in Alabama

I didn't word my question very well and I have another....

1. If one spouse has only disability income and the other, a retirement pension, would the disability be used in a calculation for alimony?

2. Since the spouse with a pension retired early (56) and the disabled person has no future prospects for work, would/could the retired spouse's previous salary be used for alimony determination?
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Old Dec 2nd, 2011, 10:26 PM   #7
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Default Re: Disability and Divorce in Alabama

If I have been collecting social security disability while married, can I get that money back during a divorce since as I understand it, SS Disability is not marital property? I was not aware that it was non-marital property until the divorce proceedings started. Can I stop using it to pay bills and put it into my own bank account while the divorce is on going?
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Old Dec 3rd, 2011, 01:06 AM   #8
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Default Re: Disability and Divorce in Alabama

There are some blanks here. You live in Alabama and have been collecting SSI and private disability insurance?

Are you wanting to know if it's an asset of the marriage or are you asking about alimony?

Why would you pay alimony when your ex has earning potential and you do not?

Does SS know you have private insurance paying you ?
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Old Dec 3rd, 2011, 11:02 AM   #9
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Default Re: Disability and Divorce in Alabama

SSI does know about the private (employer) paid disabillity. Employer paid disability was denied at 2 year review (for dirty pool reasons) and is under appeal. Employer paid benefit had been reduced by the amount that SS is paying.

I understand that SS is non-marital asset, during and after marriage?? I am not worried about having to pay alimony because of the SS disability. I am wanting to know that, since SS disability is non-marital property, can I get the half back that I have spent on billls during the marriage? And, now that I know that it is non-marital, could I stop in the middle of a divorce using it to pay bills and keep it myself?

My ex-to-be has said he will take 1/2 of my employer paid disability in a divorce...after the marriage.

While he is capable of working, he does not and has significant retirement benefits upon which he can easily live.

help?
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Old Dec 3rd, 2011, 12:21 PM   #10
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Default Re: Disability and Divorce in Alabama

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SSI does know about the private (employer) paid disabillity. Employer paid disability was denied at 2 year review (for dirty pool reasons) and is under appeal. Employer paid benefit had been reduced by the amount that SS is paying.

I understand that SS is non-marital asset, during and after marriage?? I am not worried about having to pay alimony because of the SS disability. I am wanting to know that, since SS disability is non-marital property, can I get the half back that I have spent on billls during the marriage? And, now that I know that it is non-marital, could I stop in the middle of a divorce using it to pay bills and keep it myself?

My ex-to-be has said he will take 1/2 of my employer paid disability in a divorce...after the marriage.

While he is capable of working, he does not and has significant retirement benefits upon which he can easily live.

help?
No. It doesn't work that way.

You had been voluntarily contributing your SS disability money during the marriage. Courts do not allow such "reimbursements" when couples make conscious decisions when taking on the roll of marriage partner. Judges cannot be expected to go through a couple's financial life together and piece-meal to the parties who paid for what.

If he is capable of working, a judge will factor that in when making a decision.

You can stop paying your bills but don't expect him to pick up the slack. If the bills are in your name you are responsible for paying them. If you enjoy the services these bills provide, you'd be wise to continue paying for them. Your credit will suffer as well, if you stop paying your bills.

Your soon to be ex should not be awarded any monies from your SS funds. It's doubtful a judge will rule in his favor on that aspect of your case.
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