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Your disability benefits can be protected...probably.

If you are disabled and receiving disability insurance benefits under Social Security or through a private carrier, these may escape being classified as "martial property" and subject to partial distribution to your spouse. Unfortunately though, there's no guarantee of the outcome once litigation commences, especially in a matrimonial case where so many other factors come into play. If you have made a decision to pursue divorce, you will want to deposit disability benefits funds in a separate account immediately. Commingling any money with marital funds makes it harder for your attorney to argue that any particular income, cash, investment or other property is not a "marital asset." Similarly, if you get money from a personal injury case settlement, but don't segregate it specifically for future medical or health care expenses, it can be subject to attack. Your spouse may start a lawsuit for upward modification of maintenance or child support. The court will then almost certainly inquire as to how the money is currently being spent. If you've used the money to take a vacation, the judge may decide your spouse is entitled to a share of the rest of it. As a related point, you should also be aware that the court can find you capable of working, even if you're receiving disability benefits. A disability is not necessarily an airtight defense against having to pay added maintenance or child support. 

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