Q: Can I make sure my husband does not receive any of my SSD/SSI backpayment settlement in our divorce?
I am seeking to divorce my husband of 4 years, two years ago we moved from Michigan to here. I soon began to work afterwards and was able to find us a home by living with a friend from work and paying an agreed rent. We also signed a lease agreement with her and our current landlord. In June of last year I had to leave my job because of illness and then in November was diagnosised with cancer. I was just recently awarded disability after going to the hearing. During the entire time of being out of work, waiting on my disability, my husband has been working but has not been keeping up with the rent payments, so that I will have to be paying all of the back rent to my friend who has been covering for us with a good sum of my settlement. I want to make sure that my husband does not receive any of my disability settlement or further payments once we are divorced.
A: Now one can tell you for sure. There are ways that the court can consider your SSI/SSD settlement as going to you and give you a smaller share of something else. You really need to talk to an attorney who can help you look at the entire financial picture and tell you what to ask for and what the court is likely to do. Also if you are truly getting SSI, not SSD, you have to be very careful as to what you are awarded in the divorce because SSI has strict limits as to what you can have in terms of money and investments but some assets are exempt. You should make sure the attorney you talk to knows something about elder law AND family law.
A: PS The court will not make an order transferring any of your future SSI or SSD to your husband. It will just get factored in as part of your income if the court considers making any award to you for spousal support. Be aware that if you get spousal support and SSI, the spousal support has to be paid into a special needs trust.
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