Disability Income

My husband served in the military prior to our marriage. He suffered damage to his hearing during his service. He underwent surgery during our marriage to correct the issue, but the surgery was a failure. He later filed for disability and was awarded 10% that finally started coming in in 2020. He still maintains a regular 40 hour job as the disability does not hinder his ability to work. We’ve been married 15 years and for the last 9 years, I have paid the bulk of the household expenses (mortgage, lawn service, etc). Am I eligible to receive a portion of the disability under the equal distribution of assets and debts?

No, the disability payments result from something that occurred before the date of marriage. However, the disability payments can be counted as income to him for alimony and child support purposes.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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