Divorce and Disability Pension

Divorce Mediation Long Island

 

Win-Win Divorce Solutions is one of the only Long Island divorce mediation firms that offers an impartial co-mediation experience with mediators who have training in both law and social work.

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Located in the southeastern region of New York State, Long Island is home to many great wonders. Being right next door to the iconic New York City, the island is an affluent and coveted area to visit. This posh island is home to wineries, gorgeous beaches, luscious golf courses, succulent dining, and more. Unfortunately, it’s also home to many bothersome pests. Long Island pest types range from ants to moths to ticks, and more. One of the most common pests are daddy long legs. They can be found both outside and indoors, but prefer to occupy dark and dank places. Luckily, daddy long legs are nothing to seriously worry about. These small insects are harmless to humans as their tiny fangs cannot break human skin. They also do not threaten the house itself.

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What is Divorce Mediation?

What is Divorce Mediation?

In Long Island divorce mediation, you and your spouse hire a neutral third party, called a divorce mediator, to meet with you in an effort to discuss and resolve the issues in your divorce.

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Benefit of Mediation vs. Litigation

Benefit of Mediation vs. Litigation

Most divorces are long, extensive & expensive. Divorce mediation Long Island by contrast, can reach a compromise in 6 – 8 sessions & for a fraction of a typical divorce.

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Why Choose Us to Mediate?

Why Choose Us to Mediate?

Win-Win Divorce Solutions is one of the only Long Island divorce mediation firms that offers an impartial co-mediation experience with mediators who have training in both law and social work.

Read More

DIVORCE MEDIATION LONG ISLAND COVID-19 SAFETY

For your safety, our divorce mediation sessions are also able to be provided on https://zoom.us.  Zoom is an online digital video meeting, chat & virtual conference room software. It is very easy to use & is very much like meeting in person. You connect to the meetings from the comfort & safety of your own home or office.

Divorce and Disability Pension

If you are in the process of divorce or even considering divorce, you may wonder how ending the marriage will affect your retirement benefits, disability pension, disability payments, and other sources of income. Men and women must distribute property and assets when divorcing, and different guidelines apply to different types of assets. In many cases, a divorced spouse is entitled to equitable distribution of retirement assets. Dealing with different types of benefits and how they will be divided can be stressful and intimidating, but our mediation service can help. Every situation is different, but below you will find some general information about different benefits and what happens to them when a married couple separates.

Are disability pensions, disability benefits, social security, and other retirement assets marital property?

Let’s take a look at these individually in regard to what the law says about distribution of these assets and how they must be shared with a former spouse:

Pension

Any portion of the pension that was accrued while you were married to your spouse is considered a marital asset. However, money contributed to the pension before the marriage is not marital property. For example, if a worker is employed and earning pension benefits for 20 years, and they are married for 10 years of those 20, that worker will be required to divide 10 years worth of pension funds with their ex spouse, unless another arrangement is made and agreed to by the ex spouse.

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Divorce Mediation Long Island

Disability Pension

First, what’s the difference between a disability pension and a “regular” pension?

A disability pension is awarded to men and women after a personal injury makes them unable to work permanently or temporarily. There is usually a minimum period of employment or work history required to claim this benefit, a medical exam may be required to corroborate the disability, and individuals generally receive compensation based on years of service–that is to say, the benefit amount can be contingent on length of employment. Disability pensions can be taken before the worker reaches retirement age. Social security disability insurance is an example of a disability pension in the United States.

In contrast, a pension is a fund contributed to by an employer on behalf of a worker. This is a retirement benefit in which the employer handles investment, and the beneficiaries are assured a certain amount of money, which the employer will issue when the individual stops working. Pensions are not affected by bad investments on the employer’s part; the beneficiaries receive a set amount of money at retirement. As previously described, pensions and similar retirement benefits that accrued during the marriage are marital property, and a divorced spouse is entitled to a portion.

Disability pensions are more complex. Depending on the circumstances and the way in which the benefits are calculated, a disability pension can be considered as marital property, separate property, or even a little bit of both. A portion of the disability pension can be seen as compensation for personal injury and therefore separate property, while a portion of this benefit can be viewed as earnings that accrued during the marriage. Obviously spouses need legal guidance when considering distribution of this retirement benefit. Another option is to to come to an agreement themselves with the aid of a mediator.

Disability Benefits/Disability Payments

If you’re getting SSI or SSI disability benefits, divorce can affect those benefits in many ways. For one thing, if you receive spousal support or alimony from your ex spouse, SSI will consider that part of your income, and your payments could change. (Child support is not considered income by SSI.) You will need to report your divorce and any alimony you receive from your spouse to SSI, who will then redetermine your benefits.

For SSI benefits based on your own work record/earnings record, compensation will not be affected by the divorce. This is because those benefits are based solely on your work record, not your spouse’s. However, you should take into account that a portion of those benefits are subject to garnishment to meet obligations to your spouse, like child or spousal support.

For some, disability payments may increase after a divorce. Benefits based on need, like social security, will take the loss of the income provided by your ex spouse into consideration, and the amount you’re entitled to could go up. Every case is different, and you must remember that alimony can also be taken into consideration when calculating compensation.

Social Security

Like other retirement benefits, social security retirement and the way it is affected by divorce is contingent on a number of factors. The benefit type dictates what components of the divorce will affect the amount Social Security will issue to you or your child or dependents. Every case is different, and having the information about how divorce will affect your Social Security benefits–now and in the future–can help you and your spouse make good decisions about asset distribution now.

Social Security and how benefits are affected by divorce is complex, but what follows is a brief summary of the benefits a divorced spouse might be entitled to. After a divorce, benefits can increase, decrease, or remain the same. Divorce can also influence benefits years from now–all things to consider as you sit down with your spouse to determine the most advantageous way to divide shared property.

Spouse Benefit

There are some conditions that will alter the distribution of a spouse’s benefit after divorce, but if none of them apply, then your benefit payments will not stop. You will receive this benefit as long as you are 62 years of age, were married to your spouse for at least ten years, do not remarry, or are not entitled to a larger sum on the merits of your own record or earnings.

Divorced Spouse Benefit

Men and women who did not previously receive a spouse social security benefit may be entitled to benefits based on the record of the ex spouse. If you are 62 years of age, were married to your ex spouse for ten years or more prior to the divorce, have not remarried, and are not entitled to larger benefits based on your own record, and your ex spouse qualifies for social security retirement or SSDI, you could be entitled to these benefits. You can apply for social security based on your ex spouse’s record even if they have not applied yet–provided you have been divorced at least two years and you and your spouse have both reached 62 years of age.

Mother's and Father's Benefits

As long as you have a child who meets the qualifications, you will not lose these benefits when you end a marriage to a spouse who is receiving social security either as a retirement benefit or SSDI.

Divorced Spouse Survivor's Benefits

If your ex spouse dies after the marriage ends, you could still qualify for benefits from their record if you were married for at least ten years, have not remarried, are age 60 (or age 50 and disabled), and are not entitled to a higher amount of benefits on your own record.

Other Retirement Funds or Accounts

In the case of Social Security, the effect of divorce on you and your ex spouse will be largely beyond your control. Most benefits are distributed according to a series of set guidelines, and your only recourse is to obtain that information and consider its implications on your future as you and your spouse discuss asset distribution.

Aside from disability pensions, which are discussed above, nearly all other retirement monies–IRA, 401 k, etc.–are eligible to be split with your spouse. If your divorce goes to litigation, the most common outcome is for the judge to split the account fifty-fifty. The court endeavors to be fair and will take into consideration the age of the husband and wife, their physical condition and disabilities, other earnings, assets, record, and other factors, but there’s little wiggle room to make other arrangement with your spouse.

Individuals going through a divorce have another option. Through mediation, spouses can gather financial documents, compile earnings and assets, examine retirement options by benefit type and amount, and factor in how all of this will affect Social Security when they reach retirement age. Armed with this data and assisted by a mediator who is invested in the best outcome for all family members and able to provide information on how state and federal law applies to their situation, couples can explore their options and come to an agreement that benefits everyone.

Divorce Mediation Resolution Handshake

Divorce Mediation Long Island Signed Divorce Papers

Planning For the Future

As you prepare to begin the next phase of your life as a single person, it’s important to plan for what will happen when you reach retirement age. Your life with your ex spouse may be over, but it could still affect the benefits you receive in the future (such as if you are receiving alimony or raising a child eligible for benefits). A number of factors will contribute to how comfortable and secure you will be at the age when you stop working.

You should understand your own Social Security record and how a divorce can increase or decrease those benefits. You will need to decide what to do with money from an account you divide with your ex spouse and how those earnings influence your situation. Individuals who choose to remarry should understand how that action changes their financial landscape and benefits. Most importantly, you should feel secure about your future and have the resources to live the way you want and to pursue your dreams.

Mediation can get you started on the road to that bright future by allowing you and your partner much more flexibility in dividing your assets. We can provide information about state and federal laws regarding benefits so you will leave the process content that both of you have arrived at the ideal outcome.

This website provides information about other aspects of mediation, and you can call or email the office to make an appointment for a free consultation. We will give you further information about the documents you should start to gather when you call for the appointment. Mediators are ready to provide both legal information and emotional support to both of you during this difficult time.

NO ADVANCE FEES REQUIRED

By opting to work with a divorce mediator, you not only avoid the hassle of a drawn out divorce, you also save significantly. With Win-Win Divorce Solutions, our clients pay only a fraction of the cost of a traditional, litigated divorce in the Family Court System. There are no advanced fees or retainers. As a more affordable, convenient, and simplified alternative, our service is one of the most ideal solutions available.

Additionally, Win-Win Divorce Solutions is one of the only firms in NYC that offers an impartial co-mediation experience with mediators who have training in both law and social work. Our objective is to help you get through every step of this complex and emotionally challenging process with ease. We want you to have a successful outcome, and we are truly committed to ensuring your experience with us is nothing short of outstanding.

Divorce Mediation Long Island Signed Divorce Papers

Visit one of our two convenient Long Island Divorce Mediation locations:

Let us put our divorce mediation expertise to work for you in
Hauppauge Long Island:

Divorce Mediation Long Island Hauppauge Office Location:

Win-Win Divorce Solutions, LLC – Long Island Divorce Mediation
150 Motor Parkway
Center Suite 401-501
Hauppauge, NY 11788

Let us put our divorce mediation expertise to work for you in
Lake Success Long Island:

Divorce Mediation Long Island Lake Success Office Location:

Win-Win Divorce Solutions, LLC – Long Island Divorce Mediators
1979 Marcus Ave.
Suite 210
Lake Success, NY 11042