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  1. #1
    hykoba is offline Junior Member
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    SS Disability Benefits vs. Spousal Support

    What is the name of your state (only U.S. law)? Ohio

    I divorced 3 years ago after an almost 30 year marriage. I am 53 and my ex-spouse is 54. My ex-spouse worked various part-time jobs during the marriage but has not worked for several years due to mental illness (OCD, depression). I pay approximately $4,000 per month spousal support with no specified reduction or termination, and I have been advised that it will continue until I reach retirement. This is the only source of income for my ex-spouse. I also must reimburse 50% of the cost of individual medical/dental insurance for my ex-spouse.

    I have 2 questions:
    1) Are Social Security Disability benefits available to my ex-spouse? If so, can these benefits be considered to reduce the amount of spousal support that I pay?
    2) Are Medicare/Medicaid benefits available to my ex-spouse?
  2. #2
    LdiJ is offline Senior Member
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    Quote Originally Posted by hykoba View Post
    What is the name of your state (only U.S. law)? Ohio

    I divorced 3 years ago after an almost 30 year marriage. I am 53 and my ex-spouse is 54. My ex-spouse worked various part-time jobs during the marriage but has not worked for several years due to mental illness (OCD, depression). I pay approximately $4,000 per month spousal support with no specified reduction or termination, and I have been advised that it will continue until I reach retirement. This is the only source of income for my ex-spouse. I also must reimburse 50% of the cost of individual medical/dental insurance for my ex-spouse.

    I have 2 questions:
    1) Are Social Security Disability benefits available to my ex-spouse? If so, can these benefits be considered to reduce the amount of spousal support that I pay?
    2) Are Medicare/Medicaid benefits available to my ex-spouse?
    Medicare/Medicaid benefits are only available to people without children if they are super low income and disabled. Your ex would not qualify. She has too much income. She also has too much income for most state sponsored, sliding scale programs as well.

    If your ex would qualify for any kind of SS disability benefits, it would be fairly low.

    She should be getting a yearly social security benefit breakdown, which would show how much she might qualify for if she could qualify.
  3. #3
    Bali Hai is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    Medicare/Medicaid benefits are only available to people without children if they are super low income and disabled. Your ex would not qualify. She has too much income. She also has too much income for most state sponsored, sliding scale programs as well.

    If your ex would qualify for any kind of SS disability benefits, it would be fairly low.

    She should be getting a yearly social security benefit breakdown, which would show how much she might qualify for if she could qualify.
    In other words OP, why should the government take care of her when they can order YOU to take care of her.

    Her alimony (your money to the tune of $48k per year) is income that she would need to declare to the social security administration which would greatly reduce her potential benefit.

    The time she should have applied for benefits was BEFORE you were ordered to pay her alimony and that probably would have reduced the amount of alimony.

    What is more likely happen now is that you will be ordered to pay her MORE alimony not less.
  4. #4
    hykoba is offline Junior Member
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    Thank you, both, for your responses. This was not the answer I wanted to hear but was what I expected. It's a good thing I'd rather be happy than rich...
  5. #5
    Ozark_Sophist is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    Medicare/Medicaid benefits are only available to people without children if they are super low income and disabled. Your ex would not qualify. She has too much income. She also has too much income for most state sponsored, sliding scale programs as well.

    If your ex would qualify for any kind of SS disability benefits, it would be fairly low.

    She should be getting a yearly social security benefit breakdown, which would show how much she might qualify for if she could qualify.
    Wrong. Medicare is a merit based entitlement. Income level has no influence has entitlement. If OP's spouse has enough work credits, he/she may be eligible for SSDI, a merit based entitlement. After two years of SSDI (backdated as well to date of disability less wait period), ann individual becomes eligible for Medicare--regardless of income level.
    As to OP's question, without going bback to court, your responsibility would remain the same if your ex-spouse gets SSDI.
  6. #6
    LdiJ is offline Senior Member
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    Quote Originally Posted by Ozark_Sophist View Post
    Wrong. Medicare is a merit based entitlement. Income level has no influence has entitlement. If OP's spouse has enough work credits, he/she may be eligible for SSDI, a merit based entitlement. After two years of SSDI (backdated as well to date of disability less wait period), ann individual becomes eligible for Medicare--regardless of income level.
    You are correct, medicare is merit based, I should not have generalized. Medicaid is what she would not be able to qualify to receive.

    The spouse clearly has not worked much, and may not have enough quarters to qualify for any SSDI, and it likely would be be a very low amount if she does qualify.

    As to OP's question, without going bback to court, your responsibility would remain the same if your ex-spouse gets SSDI.

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