Can Spousal Maintenance Be Reduced Based on Medical Disability?

Spousal maintenance (commonly referred to as “spousal support,” or “alimony”) is payment made by the higher-earning spouse to the financially dependent spouse after divorce. While a spousal maintenance award can be crucial to ensure a spouse’s economic needs are met when a couple parts ways, Missouri courts also want to ensure fairness to the spouse who is obligated to pay — especially in cases involving disability and alimony. If the payor spouse becomes disabled and their ability to make payments is impacted, spousal maintenance may be reduced.

Can Spousal Maintenance Be Reduced if the Payor Spouse is on Medical Disability?

A spouse is required to make alimony payments if ordered by the court. Failure to do so can result in being held in contempt and other penalties. But there are certain circumstances that might warrant filing a motion to modify spousal maintenance, including a significant reduction in income for the obligor spouse. In order to obtain a modification, the obligor spouse must show that there has been a “substantial change in circumstances” since the original order was issued.

Disability and alimony can be complex — and a court’s determination isn’t always simple. A court would evaluate a variety of factors to determine whether a spousal maintenance award is unreasonable in consideration of a disabled spouse’s modification request, including:

• The nature, severity, and duration of the disability
• Whether the disability prevents the payor spouse from working at all
• Whether the spouse is unable to earn comparable income
• The sufficiency of Social Security Disability benefits to cover the spouse’s needs and support obligation
• Whether the payor spouse voluntarily reduced their income to avoid support payments

A medical disability that leaves the paying spouse out of work for a lengthy amount of time, or permanently, can constitute a substantial and continuing change in circumstances that was not anticipated at the time of divorce. A temporary or short-term disability may not be enough to show that an original award is unreasonable to warrant a modification.

Missouri courts must typically consider each spouse’s income and earning capacity when determining alimony matters. However, in a notable case, the Missouri Court of Appeals found that no evidence of an increase in a spouse’s income was necessary when the other spouse produced “detailed evidence” of a stroke-induced disability and reduced income. In this matter, the court held that the facts showed that the obligor spouse met his burden to show a change in circumstances that was so substantial and continuing as to make the original maintenance order unreasonable.

Can You Receive Disability and Alimony at the Same Time?

A disabled spouse may be entitled to receive disability and alimony payments at the same time. Alimony is based on the dependent spouse’s financial need and the obligor spouse’s ability to pay. In contrast, Social Security Disability Insurance (SSDI) is based on your work history and medical eligibility. Specifically, it is meant to replace wages that you cannot earn due to a disability.

Since alimony is considered unearned income, it does not affect eligibility for SSDI or the amount of benefits you would receive. As long as your earnings do not exceed the Substantial Gainful Activity threshold, your SSDI benefits would not be affected. However, your SSDI benefits could impact the amount of alimony you receive. If you begin receiving a substantial amount of SSDI benefits after divorce, your spouse may argue you no longer need maintenance and petition for a modification.

Can Social Security Disability Benefits Be Garnished for Spousal Maintenance Payments?

If you are receiving SSDI and are ordered to pay alimony, it’s important to be aware that these benefits are considered a form of income. This means they can be garnished to pay spousal maintenance if you fail to follow the court order and fall into arrears. This is not to be confused with Supplemental Security Income (SSI) benefits, which cannot be garnished for alimony. Unlike SSDI, SSI benefits are needs-based and considered public assistance.

Contact an Experienced Missouri Divorce Attorney

If you have questions about disability and alimony in your divorce case, it’s best to consult with an experienced attorney. Whether you are the higher-earning spouse or the financially dependent spouse, divorce and family law attorney Mark A. Wortman can evaluate your case and advise you regarding your rights and options.

Mark also provides guidance on important topics such as factors to consider when divorcing a disabled spouse, helping clients make informed decisions tailored to their unique circumstances.

Offering knowledgeable representation to clients in the greater Kansas City, Missouri area for a wide range of family law matters, Mark provides personalized time and attention in every case. To schedule a confidential consultation to learn how he can assist you, please contact him today online or by calling (816) 523-6100.