Social Security Disability benefits back pay entitlement

[JohnRobert]

I received two years worth of my social security disability benefits back pay in one lump sum a week ago. I have been separated for 3 years and the divorce is coming to a close end of the month. Is my soon to be ex-spouse entitled to some of my back pay? Indiana

Thank you,

 

[LdiJ]

I received two years worth of my social security disability benefits back pay in one lump sum a week ago. I have been separated for 3 years and the divorce is coming to a close end of the month. Is my soon to be ex-spouse entitled to some of my back pay? Indiana

Thank you,

No, your spouse should not be entitled to any of your back pay. It is all for the period after you separated.

 

[JohnRobert]

Thank you, there were never official separation papers, but he filed for divorce in

September 2011. My back pay goes back to Dec 2010.

 

[LdiJ]

September 2011. My back pay goes back to Dec 2010.

When did you actually separate? Are there any leases or anything that would show that you were living apart prior to September 2011?

I am confused however. Its March 2014 and you stated that you got two years of back pay, so that would be 2012 and 2013. It would be more than three years of back pay if it goes back to December of 2010.

 

[Zigner]

When did you actually separate? Are there any leases or anything that would show that you were living apart prior to September 2011?

I am confused however. Its March 2014 and you stated that you got two years of back pay, so that would be 2012 and 2013. It would be more than three years of back pay if it goes back to December of 2010.

It could be that the OP has been receiving payments, but the backpay was to cover periods prior to when the payments began.

 

[LdiJ]

It could be that the OP has been receiving payments, but the backpay was to cover periods prior to when the payments began.

It usually doesn't work that way. Normally the back pay is received right away. I don't think I have ever seen a case where its delayed like that (and I see lots of cases because they have to be reported on tax returns).