Florida Disability Benefits, Property Division and Divorce

Published on: March 29, 2016

Florida_Disability_Benefits_Property_Division_and_Divorce.jpgIf you are applying for disability benefits in Florida, you will need to gather certain documents required by the Social Security Administration. Most of these documents will detail that you are who you claim to be and your residency.

However, you will also need to provide sufficient medical documentation supporting your disabling condition.The Social Security Administration’s supporting medical documents vary depending on what condition you are claiming for disability benefits.

The Social Security Administration’s website is relatively user-friendly and is the definitive resource for all Social Security Disability Income (SSDI) and Supplemental Security Income (SSI) benefits information. However, you can also bookmark and subscribe to Disability Experts of Florida’s blog to keep up to date with helpful tips and resources concerning the Social Security Administration and your disability benefits.

Application Information Needed

Some of the documents you will need to provide the SSA when you apply online, in person or over the phone include:

  • Dates of marriages and divorces
  • Names and dates of birth of your minor children and your spouse
  • W-2 Form from the previous year
  • Checking or savings account number and bank routing number, if you want Direct Deposit for your benefit checks

While these documents may seem unnecessary since you are only applying for disability benefits, it is important and necessary to provide the Social Security Administration with anything they require to evaluate a number of benefits you may be eligible for.

For example, your marital status matters when it comes to receiving disability benefits. If you are an ex-spouse or if you have an ex-spouse, you or your ex-spouse could collect dependent benefits from the other party.

Property Division

Divorces are difficult emotionally and financially. During property division, divorces can become a hostile environment. Keep in mind that your ex-spouse’s disability benefits are not subject to property division when going through a divorce. Division property in Florida is considered equitable, or fair, between the spouses. This means that the presiding judge factors in your economic circumstances, duration of the marriage, spousal contributions etc when making a decision.

After a divorce, each party will continue to receive the same benefits as before (subject to to the 10-year duration of marriage requirement for the spouse). The funds received from these benefits could be reallocated as part of a divorce settlement. For further information, you should contact an attorney versed in family law.

Why Your Marital Status Matters

Divorces can affect your disability benefits in many ways; whether you are divorced or separated, your Social Security disability benefits are subject to being affected. However, there are a few legalities that the Social Security Administration takes into account when evaluating your divorce including:

  • Later changes in marital status
  • Your age
  • You and your spouse’s retirement and/ or work status, and
  • The duration of your marriage

Trust an Expert

Applying for Social Security disability benefits can be challenging enough without having to be reminded of the sting of your divorce. If you are applying for disability benefits or have been denied the benefits you deserve in Florida, contact a professional, knowledgeable and compassionate advocate who will help you understand all the complexities of the application process and how your divorce affects your Social Security disability benefits.

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