How to Get Alimony From Your Husband's Disability

You can get your alimony payments from your husband's disability by garnishing his disability benefits. Social Security Disability Insurance (SSDI) payments are generally exempt from garnishment. However, a garnishment based on a valid alimony order is one of the few exceptions to the rule. If you follow the proper procedures, you can get alimony from your husband's disability payments.

Instructions

1. Obtain an alimony order or divorce decree containing an alimony award. A judge must grant you alimony before you may garnish your husband's disability. Alimony is money the court orders your husband to pay you as financial support. A court may grant alimony for either a divorce or separation. Depending on what the judge decides, alimony can stay in place temporarily or until the day you die. Unless you and your husband otherwise agreed, it also will likely end if you remarry.

2. Wait. Following a separation or divorce, your financial condition can become dire. Alimony is designed to cushion this blow. However, it does you little good if your spouse isn't paying it. If your spouse misses a payment, don't become too eager to garnish his disability benefits, because some states require your husband to be behind at least one month before you can file an alimony garnishment.

3. File your garnishment paperwork. Each state has its own garnishment procedures. You typically must file an affidavit specifying the amount your husband owes. Along with the affidavit, you must also attach a copy of your alimony order or divorce decree detailing the payment arrangement. Your paperwork will also include a summons, which tells the garnishee, i.e., the party who must send you the money, how long he has to respond.

4. Serve the garnishee. When garnishing your husband's SSDI benefits, you must serve the paperwork on the garnishee. Service is the process of putting a person or entity on notice of a legal proceeding. The garnishee, in your case, is the Social Security Administration (SSA). The law requires the agency to designate an agent to receive service for actions such as yours. You generally aren't required to notify your husband that you're garnishing his disability; SSA will do that.

Tips & Warnings

• Do not construe this article as legal advice. For legal advice, consider contacting an attorney licensed to practice in your state.

References

• SSA: Section 459
• University of Georgia: Fulton County Garnishment Procedural Handbook (PDF)