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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.