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RBinJax
RBinJax, Attorney
Category: Legal
Satisfied Customers: 731
Experience:  Attorney for 28 years. Personal injury, Social Security, family, work comp, criminal trial practice.
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i am going through a divorce can my ex wife take half of my

Resolved Question:

i am going through a divorce can my ex wife take half of my social security disability back pay payment.
Submitted: 8 years ago.
Category: Legal
Expert:  RBinJax replied 8 years ago.
Dear harley,

I am sorry that you are having to go through this. To give you the best information that I can, I need some additional info from you.

When did you file your SS claim?

What is the alleged onset date?

When did you and your wife separate?

In what state do you live? (You may have listed this but it is not showing on your post at this time.

Please get back to me on these, and I will respond as soon as possible this evening. Thank you and I look forward to hearing from you.

Customer: replied 8 years ago.

may 1,2003 filed for ss they went back to 1-9-2002 from 9-2008 when they made there decision

what do you mean by onset date?

may 2006

i live in missouri but filed for divorce in Prescott,AZ Yavapi County

also i have a consent decree of dissolution of marriage dated Aug 15 2007

according to what her attorney keeps telling her she is entitled to half of my disability back pay cause we were married when i filed for it.

Expert:  RBinJax replied 8 years ago.
By "onset date" I mean the date on which you allege that you became disabled for SS purposes. It appears that in your case it was 1/9/02.

Were you living in AZ when the divorce action was filed? Or was your Ex living there and you had already moved?

Please let me know.
Expert:  RBinJax replied 8 years ago.
I will assume that you wee divorced in AZ. The law there states that any type of benefit that substitutes for lost wages is subject to community property division. However, Arizona Revised Statute 25-213(B)states that property acquired after the service of divorce papers is personal if the served papers result in the later entry of an order disolving the marriage.

From that, it appears that your Ex may have a claim on a portion of your back SS benefits for the peiod from when they began up to the date that she was served with the divorce papers, which I assume to be in May or June 2006, but not after that.

Community property is a tricky issue and there may have been new case law that has come down interpreting the statutes. I do not have access to AZ case law, and cannot tell you what it appears to hold. To be certain, you should consult with a lawe in Az who handles family law matters for advice. One way to do this inexpensively is to contact the local county bar association and using its lawyer referral service, which will grant you a short (30 minutes or so) consultation for a minimal ($25-50 fee) with no obligation beyond the consultation fee.

I hope that this information is helpful to you. If so, please click the "Accept" button so that I may be credited for my assistance. Should you have follow-up questions as to the information provided, please conatct me. Thank you and good luck.
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