Caring for Disabled Ex-Spouse: SSDI and Alimony Obligations

Divorce can be a complex legal and financial process, especially when one spouse is disabled and receiving Social Security Disability Insurance (SSDI). Many individuals wonder how alimony obligations interact with SSDI benefits and what responsibilities they may have toward a disabled ex-spouse. Laws governing alimony vary by state, American Disability Action Group understands how courts in Arkansas, Oklahoma, Mississippi, Tennessee, Texas, and Louisiana approach spousal support when disability benefits are involved.

SSDI and Alimony: How They Interact

SSDI benefits are federally administered by the Social Security Administration (SSA) and provide financial assistance to individuals with disabilities who have a sufficient work history. Unlike Supplemental Security Income (SSI), which is need-based, SSDI is based on a person’s earnings record. However, an ex-spouse’s receipt of SSDI benefits does not necessarily exempt them from receiving or paying alimony.

Can SSDI Be Garnished for Alimony?

Yes. Unlike SSI, SSDI benefits can be garnished for spousal support (alimony) and child support obligations. If a court orders alimony, SSDI benefits may be subject to withholding to ensure the disabled ex-spouse meets their financial obligations.

Does Receiving SSDI Affect Alimony Awards?

Yes, but it depends on the state. Courts typically consider disability when determining alimony. If the disabled spouse has limited earning capacity and relies on SSDI as their primary income source, they may have a stronger case for receiving alimony. On the other hand, if a disabled individual is already receiving SSDI benefits that sufficiently cover their needs, a judge may reduce or eliminate alimony obligations for the other spouse.

State-by-State Alimony Considerations for Disabled Ex-Spouses

Arkansas

Arkansas courts consider a spouse’s earning capacity, health, and financial need when awarding alimony. If a spouse is disabled and cannot work, the court may grant rehabilitative or permanent alimony depending on the severity of the disability. SSDI benefits are considered but do not automatically disqualify an individual from receiving additional support.

Oklahoma

Oklahoma does not have a strict formula for alimony but evaluates whether support is necessary based on income disparity, disability, and ability to work. A disabled ex-spouse may receive long-term alimony if they can demonstrate financial hardship despite SSDI benefits.

Mississippi

Mississippi courts have broad discretion in awarding alimony and often consider permanent alimony for disabled spouses who are unable to work. If a disabled ex-spouse cannot support themselves through SSDI alone, the court may award ongoing financial assistance.

Tennessee

Tennessee recognizes various types of alimony, including transitional, rehabilitative, and long-term support. Courts consider disability when determining whether a spouse is entitled to support beyond SSDI benefits, and permanent alimony may be awarded if the disabled spouse’s condition prevents them from becoming self-sufficient.

Texas

Texas has stricter alimony laws, but courts may order spousal maintenance if a disabled spouse lacks sufficient financial resources and cannot work. The state imposes caps on the amount and duration of alimony unless the disability is severe and permanent.

Louisiana

Louisiana follows a needs-based approach to spousal support. If a disabled spouse requires additional financial assistance beyond SSDI, courts may award periodic or permanent support, depending on their medical condition and ability to support themselves.

Modifying Alimony Due to Disability

If an ex-spouse develops a disability after the divorce, they may petition the court for modification of alimony. Courts in Arkansas, Oklahoma, Mississippi, Tennessee, Texas, and Louisiana allow for alimony adjustments if there is a significant change in financial circumstances, including the onset of a disability. The paying spouse may also request a modification if they become disabled and can no longer afford their support obligations.

Schedule a Consultation Today

Divorce and disability create unique financial challenges, particularly when it comes to alimony and SSDI benefits. Understanding state-specific laws in Arkansas, Oklahoma, Mississippi, Tennessee, Texas, and Louisiana is critical when determining support obligations for a disabled ex-spouse. If you need legal guidance on how SSDI and alimony impact your financial future, American Disability Action Group can help. Contact our Arkansas and Nationwide Social Security Disability Attorneys today to discuss your rights and options.

Source:

law.cornell.edu/wex/spousal_support