What to Know When Disability Affects Spousal Support

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What to Know When Disability Affects Spousal Support

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In alimony disputes, one of the most complex and sensitive issues that can arise is a claim of disability. A physical or mental health condition may affect a person’s ability to work, and therefore, their financial responsibilities or need for support. But courts also recognize that false or exaggerated claims can sometimes be used to shift the balance of an alimony award.

Whether you're concerned about your former spouse misrepresenting a condition or you're the one whose health genuinely affects your income, it’s important to understand how courts evaluate disability in the context of spousal support.

Why Disability Matters in Alimony Cases

Alimony, or spousal maintenance, is awarded based on several factors, including each spouse’s financial resources, employment capacity, and overall health. A legitimate disability may reduce someone’s ability to earn income and justify a higher support award, or lessen their ability to pay.

On the other hand, if a claim of disability is unsupported or misused to manipulate the outcome, it can undermine the fairness of the process. Courts aim to make informed decisions based on evidence, not assumptions.

What the Court Looks for in a Disability Claim

Courts do not accept disability claims at face value. The person making the claim must typically provide clear documentation, such as:

  • Medical evaluations or diagnoses from licensed professionals
  • Records of ongoing treatment or prescribed medications
  • Evidence of Social Security Disability Insurance (SSDI) or similar benefits
  • Expert testimony, when needed for complex or disputed conditions

If this documentation is incomplete, inconsistent, or raises questions, the court may order an independent medical examination (IME) or request additional records.

When Disability Claims Are Disputed

It’s not uncommon for the other party in a divorce case to question the validity of a disability claim, especially when alimony amounts or obligations are on the line. Courts handle these concerns carefully and evaluate all relevant evidence before drawing conclusions.

Parties raising concerns may be able to:

  • Request documentation during the discovery process
  • Submit surveillance, social media, or witness evidence that contradicts the claim
  • Ask the court to appoint an independent medical evaluator
  • Challenge inconsistencies between claimed limitations and public behavior

At the same time, courts discourage baseless accusations. Alleging fraud without solid evidence can harm the accusing party’s credibility and affect the overall outcome.

Consequences of False or Exaggerated Claims

When a court determines that a disability claim is false or intentionally misleading, the consequences can be serious. These may include:

  • Modification or denial of alimony
  • Contempt of court proceedings
  • An order to pay the opposing party’s legal fees
  • Potential civil or criminal penalties in cases of fraud

The court’s primary concern is fairness and truthfulness. Any attempts to abuse the system—whether through false claims or unfounded accusations—are taken seriously.

Legal Support for Disability-Related Alimony Disputes

Disability-related alimony cases can be complex, especially when one party is asserting a claim and the other is raising concerns about its accuracy. Experienced legal support is essential to address the documentation, expert opinions, and legal strategy these situations often require.

At Law Offices of Andreas Vasilatos, our alimony attorney helps clients on both sides of the issue understand their rights, evaluate the facts, and present their position clearly in court. We assist with gathering records, requesting evaluations, and making sure that the court has an accurate view of the situation.

To speak with our knowledgeable alimony attorney, contact us at (855) 773-1166 to schedule a confidential consultation.

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