Social Security Disabilty and Divorce


#1

I have a friend who is finally receiving his social security disability and it will be a lump sum for the back pay. He has been separated from his wife for 3 years and living a part. He has allowed her to keep her insurance through him but does not pay for it. No other money has been exchanged in 3 years. She works. He is going to file for divorce. With NC being a community property state will she have anyway to ask for half of this money. He will receive more than $40,000 in back pay. Can she file for spousal support with his only income being from SSD. What can he do? Thank you for your help!


#2

If he is receiving money retroactively for lost wages those funds are martial in nature if the period of time the payment makes up for was during the marriage.

Receiving disability pay does not relieve a person of financial obligations such as alimony and child support. Whether or not his wife can successfully pursue alimony will depend on if she can demonstrate that she is a dependant spouse, and he is a supporting spouse.