Is it Legal For Your Divorce Attorney to Ask What You Get Disability For? 

Is it legal for your divorce attorney to ask what type of disability you get? This article will provide you with information on the topics of SSI, alimony, and disability benefits. If you have any questions, contact a San Diego divorce attorney who is familiar with these issues. It is important to keep your divorce attorney informed about any change in your disability status and any current or past issues with your disability. 

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The first question your divorce attorney should ask is: what do you get disability for? Disability is defined as a condition that limits your ability to do your job and can range from a short-term problem like a broken bone to a long-term disease. To get an award for spousal support, your spouse must prove that their condition makes them unfit for work. Fortunately, it is entirely legal for your divorce attorney to ask what you get disability for. 


A divorce attorney can ask you what you get disability for because SSDI benefits are not marital property. However, if your spouse deposits disability benefits into a joint account, they may be subject to a 50/50 division. In addition, accounts containing only SSI and disability benefits are not included in property distribution. However, courts in states that follow equitable division may consider your accumulated disability benefits in deciding overall property distributions. 


A spouse who is unable to work during or after a divorce may be entitled to alimony. While this is not a right to be granted, divorce courts will consider it in determining what is fair for both parties. Your divorce attorney can help you work out a settlement agreement that outlines the terms of your alimony payments. It is legal for your divorce attorney to ask you what you get disability for. 

Social Security 

If you are on Social Security benefits, it’s perfectly legal for your divorce attorney to ask you what you get disability for. However, this isn’t the only time your divorce attorney can ask you what you get disability for. It’s even legal to ask your divorce attorney what you get disability for if your case involves property division. In some states, such as California, a divorce attorney can ask what you get disability for if they are representing you in the case. This can be problematic, especially if you’re receiving monthly benefits through SSDI or SSI. 

Applicability of SSDI 

When you’re applying for SSDI, you need to know that your benefits are based on the record of someone else, which means yours may not change when you get a divorce. But it does mean that you are at risk of having your benefits garnished for alimony or child support. Additionally, some people are surprised to learn that they may not be eligible for SSDI based on their work history. To qualify for SSDI, you must have worked for a specific number of quarters, based on your age. This number can range from twenty to thirty quarters. 

The relative value of SSI in alimony calculations 

The Relative Value of SSI in Alimony Calculations is important to both parties. The SSI program allows for several exclusions from income that determine eligibility and benefit amounts. The three most common exclusions do not reflect the marriage status of either party but are perceived as marriage penalties. If you are thinking of calculating alimony based on the Relative Value of SSI, read on to learn more. 

SSI benefits as marital property 

If you are planning to file for a divorce, you may be wondering whether the SSA will consider your SSI benefits as marital property. Social Security benefits are based on a person’s age, disability, and work history, and a divorce can affect this amount. Additionally, if you have a disabled spouse, your SSDI benefits can be garnished if you fail to pay support or alimony. 

Screening for disability by a family law attorney 

A family law attorney may screen for a disability as part of a case before filing a divorce, as many parents with disabilities face significant discrimination and are at a higher risk of losing custody of their children in divorce proceedings. However, some parents resist disclosing that they are disabled because it comes with significant biases regarding their parenting abilities and protections. In addition to asking clients about their disability, family law attorneys may also seek the opinion of doctors or other professionals regarding the child’s disability.