After a Marriage of 20 + years, I have been separated from my wife since June 2004. I currently do not reside in N.C. but my wife and my 3 children are still in N.C. One will be 18 on Dec 30th, and one will be 16 on July 19th, and one will turn 20 on July 31st. I have just been approved for social security disability. I am due a monthly check as well as a lump sum distribution for being disabled since September 2004. My eligible children will get money every month. I would like to get a divorce when I receive my money. My question is: Is she entitled to any of my social security disability money?
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Virginia. No, she does not directly get any of your benefits, however you may still be paying her a portion if she qualifies for spousal support. Also, she may get a portion of it for the children, as part of child support.