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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27621
Experience:  Attorney with experience in family law.
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I live in new york state, in a divorce is my wife entitled

Customer Question

i live in new york state, in a divorce is my wife entitled to my social security disability benefits, i presently receive 25,000 in social security disability benefits and 25,000 workers comp benefits, my wife makes 25, 000.
Submitted: 11 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 11 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

The judge can consider both social security disability income and worker's compensation payments when calculating alimony payments. The initial question is whether your wife makes enough to meet her basic needs. If she does, there's no need for alimony. If she doesn't, then the judge can look at her income versus her expenses, then at your ability to pay. So she won't automatically get half of those benefits, but you can be ordered to pay her alimony from those amounts, because those are wage replacements. If you weren't getting them, you'd theoretically have wages available to pay alimony instead.

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Customer: replied 11 months ago.
Ok what if I take a lump sum settlement in workers comp section 32 I was offered 100,000 with s 85,000 Medicare offset if I take this how does it work in divorce
Expert:  Lucy, Esq. replied 11 months ago.

I answered that on the other page you opened.

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