Social Security Disability Lawyer – Hillsville, VA

When a couple has decided that remaining united in marriage is no longer the healthiest choice for their family, both spouses must face some potentially anxiety-inducing realities. The process of transitioning from a single household to two distinct households is not an easy one to navigate. There are practical burdens involved, including the division of a couple’s mutual possessions. And there are financial burdens involved, including the division of income and monetary assets.

At the end of the day, it can be quite frightening to contemplate that each spouse must now support himself or herself, as well as a home of his or her own. If minor children are going to be affected by the split, there will be an additional worry about how to best ensure that they are supported financially and practically as well. As a result, it can be helpful to know which forms of income are protected during the divorce process. This is often especially true if a couple relies on benefits of some kind, like retirement benefits, military benefits, and/or Social Security disability benefits. If you know which finances you can count on and are/are not likely to be impacted by the standard of equitable distribution, you and your Hillsville, Virginia Social Security disability lawyer can better ensure that your approach to property division is intentional and informed.

Social Security Benefits and Divorce

It is important to understand that divorce impacts Social Security benefits differently depending on several factors. First, location may impact who remains entitled to certain percentages of Social Security retirement benefits. In community property states, Social Security retirement benefits and other retirement accounts tend to remain subject to an equitable division standard. Essentially, this means that any benefits acquired during the course of the marriage are considered marital property and must (along with all other marital property) be divided equitably. There are exceptions that may apply in your situation though, so it is important to discuss this possibility with your Hillsville, VA Social Security disability lawyer.

Second, age and duration of the marriage being dissolved may impact who is entitled to any Social Security Disability Insurance benefits granted to either spouse. If the non-disabled spouse is at least 62 years old and the marriage being dissolved has lasted at least 10 years, that non-disabled spouse may be entitled to benefits associated with the disabled spouse’s account.

It is worth noting that if a spouse is collecting benefits tied to his or her former spouse’s Social Security account that these benefits will almost certainly cease to be paid out if/when that individual remarries. However, if the account holder remarries, the non-married former spouse should remain entitled to collect benefits. If you have questions about your situation, whatever it may be, don’t hesitate to ask your Hillsville, VA Social Security disability lawyer. It is far better to speak up and be informed than to be impacted by an unwelcome surprise down the road. 

Answers to Additional Questions

If you have questions about divorce and SSD coverage, contact a Hillsville, VA Social Security disability lawyer at The Law Offices of Mark T. Hurt today. A number of exceptions tend to apply to general divorce-related rules, so it is a good idea to consult with a lawyer about your specific situation. Once you have been advised of your options and have received answers to any questions you may have, you will be able to make informed decisions about your legal situation moving forward.