The age and health of the parties are factors that courts will consider when determining spousal support. In some cases, a party may have a disability due to an injury or illness that impacts their ability to work. If a party has a disability due to injury or illness that impacts the ability to work, the spouse may be required to apply for Social Security Disability. 

 

For example, a supporting spouse may request a modification in their current spousal support order and cites the reason being that the judgment issued a Gavron Warning and the supported spouse has still not sought gainful employment.  If the supported spouse claims that she/he is unable to work due to a disability, he/she must show proof of this disability, and the burden shifts on this party to show proof. The supported spouse may use their application for Social Security Disability. 

 

If the application shows ineligibility to receive Social Security Disability income, this can be used as evidence in a court hearing to show that the disability does not affect the ability to work. If a spouse is making claims of their inability to work due to health issues, there must be evidence to show the court to establish the case. If the supported party is not able to prove their inability to work due to a disability, spousal support will be awarded accordingly. 

 

If you have any questions regarding spousal support, please do not hesitate to shoot me an email or give us a call.