Characterization of Disability Benefits During Dissolution of Marriage

At the Law Office of David P Schwarz we are very well qualified Orange county Disability benefits Divorce lawyers. We have handle many cases dealing with the characterization of the disability benefits that arise during the dissolution of a marriage. Please contact our office at 949-735-9266 or on the web.

The Orange County Courts view disability payments through the view of the intent of the parties. In addition, they view how the disability benefits are distributed through looking at whether the payments for a disability policy were payed by the community or paid by the parties separate property. They are not necessarily deemed a lost of income for the party.

An Orange County disability benefits divorce lawyer will help you determine the time the disability benefits were purchased. To determine who benefits from the disability benefit the Orange County Court must determine when and whose money was used to purchase the benefits. If Separate property was used by a spouse prior to marriage to purchase the policy and they were injured prior to marriage then they will receive the benefits soley during the marriage.

However, if the spouse received payments during the marriage then the benefits received during marriage are community property because they replace community earnings.

An Orange County disability benefits divorce lawyer will also help you determine by using the time rule to demonstrate to the Orange County court if the disability benefits continue to be paid after the spouses separate. Then in this case the spouse will receive the benefits as his separate property because it will be viewed as his income.

At the Orange County Law office of David P Schwarz we will further show the court that if the spouses intended the disability pay to be the parties retirement pay then the benefits are considered community property. But the injured spouse will receive payments as separate property only if they exceed the agreed retirement pay. However, the Orange County Courts will need clear evidence on how the disability pay will be divided between retirement and lost wages.

In the case of a lump sum disability pay an Orange County disability divorce attorney will protect your lump sum payment by arguing that the payment was meant for future earnings post divorce. If the Orange Count Court determines that some of the disability is community the Court must order a portion to the community and a portion to the injured spouse.

The Orange County Courts are also very careful to discern a spouse who receives disability payments in lieu of retirement pay. At our Orange County Law office we will make sure that you do not get cheated out of your fair share of disability pay.

At the Orange County Law Office of David P Schwarz we have handled many disability payments from injured spouses and have diligently protected our clients interest in their payments. Please contact our Orange County Office at 949-735-9266 or consult us on the web or via email at

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