Disability and divorce

Thank you for your question.  I am sorry to hear about your medical condition.  Without knowing more details it is difficult to provide you with a detailed answer – you should certainly consider scheduling a complimentary consultation with a matrimonial attorney to more fully discuss your situation, address your concerns, answer all  your questions and formulate a plan of action.  However, in brief, your social security is considered income and whether you have to provide a portion of same to your (to be) ex-wife depends on a number of factors, but primarily her income.  If she is working, and you are disabled, it may be that she will be required to pay you money by way of some type of alimony (the payment off alimony from one party to the other is gender neutral).  With regard to your 2 pensions, usually, any retirement benefits of any type such as a pension or 401k (whether they are yours or your wife’s) are divided  equally, especially after  a marriage of 20 years.  However, if the retirement benefit (whether it be a pension, 401k etc), or a portion thereof,  was earned before the marriage, that pension (or portion thereof) is NOT distributable to the other party upon divorce.  It  appears your matter also involves issues relating to children (custody, parenting time, college expenses, medical expenses, extra-curricular expenses etc) and as such, as stated above, I believe a complimentary consultation is essential in your matter so as to enable you to become fully aware as to ALL of you rights and obligations. I hope this was helpful to you.