Can You Receive Disability and Alimony at the Same Time?

Divorce is a complicated process on its own, and gets even more confusing when Social Security Disability (SSDI) benefits are involved. One question many people receiving SSDI have is whether they can receive benefits and alimony simultaneously. The short answer is yes, it’s possible. However, the final amount you receive depends on several factors. If you’re in this situation, learn how alimony and SSDI work together and what to expect.

How Is Alimony Calculated In New York?

Also referred to as spousal maintenance in New York, alimony provides a spouse with a lower income with some financial stability after a divorce. A judge reviews each case individually to determine how much or how long you should receive (or pay) support.

Some of the most common factors they look at during this process are:

• Your income and financial situation
• Ability to work
• Age and health
• Marriage length
• Standard of living
• Medical needs and ongoing treatment costs

How SSDI Payments Affect Alimony in New York

Disability benefits don’t disqualify you from receiving alimony after your divorce. If anything, it strengthens your claim. Courts consider your financial situation and physical limitations to determine whether you can find work or return to your previous job. The more serious your disability is, the more likely you’ll qualify for a higher payout.

On the other hand, SSDI does count as income during alimony calculations. This means that a judge will consider your monthly payments when determining how much you should pay or receive after a divorce. If you’re the one paying alimony, you could also use SSDI benefits to pay. The SSA may even garnish some of your payment if you fail to make payments on time.

Does Disability Help With Alimony?

Being on SSDI could increase your chances of receiving alimony. If you have a serious disability that caps your earning potential, a judge is more likely to grant you alimony.

You may also be more likely to receive alimony if:

• You have high medical expenses
• You’re unable to work for health reasons
• You were reliant on your spouse before or during your disability
• Your disability is long-term or permanent

Remember, SSDI is meant to replace lost wages completely. The courts know this and may award you a fair payout to make sure you’re financially okay after the divorce proceedings.

Will Alimony Affect Your SSDI Payments?

No, alimony won’t reduce your SSDI benefits. SSDI is based solely on your work history and earnings, not on your current financial resources. This means you’ll be able to collect your alimony payments while still receiving your full disability check.

However, you may deal with increased tax implications in certain situations. SSDI may become taxable once you exceed a certain income threshold, which is $25,000 in 2025. While it won’t reduce your benefits in any way, it may increase your overall financial burden with a higher tax bill.

How A Disability Lawyer Can Help

Going through a divorce while figuring out the next legal steps can be overwhelming. Don’t go through this process alone. Our New York social security disability lawyers will review your case’s details, protect your rights, and ensure you get the compensation you’re entitled to. Please contact us at 855-599-2141 to schedule a free consultation with us today.