Q: Is Ex entitled to any of my disability check I got after date of separation even if I owe spousal support?
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- California
- (916) 704-3009
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A:
In California, disability benefits you receive after the date of separation are generally considered your separate property. This means your ex-spouse typically would not have a right to a portion of those benefits. However, it's important to verify whether these benefits are classified as separate or community property based on how and when they were earned.
If you have an existing spousal support agreement or court order, your obligation to pay spousal support remains separate from your disability benefits. Owing spousal support does not automatically grant your ex access to your disability check. Nonetheless, you should ensure that receiving these benefits does not affect your ability to meet your spousal support obligations.
It's advisable to consult with a family law attorney to review the specifics of your situation. They can provide guidance tailored to your circumstances and ensure that your rights and obligations are clearly understood and appropriately managed.
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