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I am in the midst of divorce. I fled the home husband was on drugs and I felt unsafe and filed for divorce immediately and now we are 6 months into the process. I have been recently accepted for SSDI. This was a 1.5 year process for me while I was still in the marriage and then the divorce became eminent. I need alimony and SSDI to live and I will need to live very modestly at least for 3 years and hopefully I will be back on my feet. Can alimony be affected by SSDI? What can I expect to happen?
Asked on July 6, 2019 under Family Law, Pennsylvania
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 2 years ago | Contributor
If the alimony had already been awarded, then you getting SSDI would not affect it unless in the order or settlement or decree granting it specifically said that it would be adjusted in the event of changes in your income.
However, if--as appears to be the case from your question--alimony has not been determined yet, the court can take your income, including from SSDI, into account in determining how much alimony you need or is appropriate. So in this case, will likely impact your award.