Has anyone ever gone through a divorce when they were receiving non-SSI disability payments. I receive them thru my previous employer and my husband is going after half of them. He is retired and I won't take the prospect of future alimony out of the divorce should he go back to work and in retaliation he is going after the disability and probably the malpractice award (not much) that I got from the dentists who did this to me. I live in Alabama which is an equitable property state, not community property. Just more evidence of why I need to get the heck away from him and never should have married him to start with....24 years of unhappiness. I need my head examined for not getting out ALOT sooner.
Talk to a lawyer about disability payments of all sorts. I seriously doubt that such an award for cause is considered in any sense a "community" or "communal" property. Tradition in the legal profession is for the first 45-minute consultation to be done free of fee.
I was divorced because I couldn't keep a steady job due to my TN attacks.
Unfortunately Lorrie, the disability payments are up to the discretion of the judge. In my experience, the judge will look at whether taking it away from you will allow you to still pay your bills and live an independent life, without needing state assistance. Then they will look to who provided for the household. Then they will look at whether your soon to be ex can be self sufficient on his income. Honestly, I don't see him getting half. Disability is considered income. He is going to have to have an argument for spousal support. I didn't hear it in what you said.
As for the malpractice award.... he may get some of that. All depends on when you get it. In some states, because the injury happened to YOU, he would not be able to touch it. In my state, he would be entitled to some of it if the award happened before the divorce is final. You might want to go back and ask your lawyer:
Is your disability money considered income? And would your soon to be ex husband be entitled to any spousal support based on the facts of your situation?
If the malpractice award happens AFTER the divorce, would your soon to be ex still be entitled to part of the judgement? Is there some way to make sure he doesn't get it considering the injury was done to you?