You found more specifics on the subject than I did !

IF he gets the max, $2533, that COULD be worth trying for spousal support on the difference between his $2533 and her $800. If he has just started the process though, he could be a long time from getting that $2533......and that's more time that hurts her claim for SS because she has been somehow supporting herself, without SS, since their separation.

Nibbs,

To spell it out, IF he had earned the max of $2533, then his 2 young kids would get ($2533 divided by 2 = $1266.5 max family benefit if the combo with his $2533 doesn't put him over the limit. $1266.5 divided by 2 for each kid = $633.25) $633.25 each per month. That total to their household income, like the girlfriend's possible salary, isn't something that you can "go after" for spousal support. Your position would just be for trying to equalize the difference between your $800 an his $2533.

Again, not to answer here, but for you to think about.....Was he making enough to maximize his SSDI income, over $115,000 per year ? If he was making that much, why didn't you go for SS before ? Your lawyer, and then the judge, will want to know that.

I hope you haven't cost yourself long term financial help from him by somehow struggling to make it on the $800. At least there is still the home equity marital split to pursue. Good luck !