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I need to get a divorce and am on disability, where do I start to find what I'm entitled to for financial help?

San Jose, CA |

Do I go to Social Security to find out what I am entitled to through his Social Security? Will anything effect my disability amount? Where do I start to look for additional financial help with housing, medical, etc. We would like to keep the divorce out of courts, only true asset is our home. Where do I start first?

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Attorney answers 3

Best Answer

You can draw off his account as an ex-spouse if (1) you were married at least 10 years, (2) are at least 62 years of age, (3) remain unmarried after the divorce, (4) he is entitled to receive social security (regular or disability) and (5) you are not entitled to a higher amount on your own earnings history.
If you are receiving SSDIB, then nothing should affect your monthly disability amount.
For additional assistance, you can contact your local State Family Independence Agency (FIA) or Department of Human/Health Services (DHS).
Also see if you qualify for free legal aide as Ms. Kadetskaya has indicated.
You would definitely need the assistance and advice of a family law attorney.



they were all great answers, this one was most complete. Avvo is a very helpful site. Thank you.

Mikel Edward Lupisella

Mikel Edward Lupisella


You're welcome. Thank you.


You may qualify for free legal representation. Call the Legal Helpline in your state to get advice from a family law attorney.


I would suggest going to local SS office first and find out your options. As far as reaching agreement, get a family law attorney who can help you with a settlement agreement.

The information you obtain from this website is not legal advice.

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