Dividing Disability in Divorce

One of the most difficult and potentially frustrating parts of divorce is the division of the assets. Of course, you will have to decide who gets the couch, house, and even the pets, but what about disability payments? Different states take different approaches in splitting disability benefits between the two parties involved in a divorce.

Getting the disability that you deserve can be difficult in the first place. You have to supply medical evidence of your issue as well as endure the Social Security Administration’s application process to prove that you have a disability that interferes with your ability to live your life normally. If you need help proving your case for disability, you should contact an experienced Indiana long-term disability attorney from Hankey Law Office at (800) 520-3633 to discuss your case.

Determining Disability through Purpose Analysis

One way that some states divide disability payments is by determining the purpose of the aid. Even when joint marital funds are responsible for the initial disability coverage, the payments themselves can still be awarded to an individual rather than divided between the couple.

In most cases, disability payments that are received for suffering and sometimes lost wages may be the sole property of the disabled individual. On the other hand, if the payments are based on the labor performed during the marriage, the disability can be split between the two parties.

Time-Based Analysis for Division

Another way that states split disability is by looking at when the disability payments began. For instance, if a spouse was awarded disability during the marriage, this disability may be divided between the two parties. Even after a divorce, the disability may still be divided if it is based on labor that was performed during the course of the marriage.

A subcategory of time-based analysis is the replacement approach. In this case, disability can be divided only to the extent that it counts for lost wages during a marriage.

Contact Us

Although dividing disability after divorce seems difficult, it can be even more challenging to prove your disability in order to receive those benefits. For legal advice and assistance in applying for disability coverage, contact the Indiana long-term disability lawyers from Hankey Law Office today at (800) 520-3633.