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Florida Law - Disability Benefits If a spouse becomes disabled and is receiving disability benefits, the question arises as to whether those benefits are separate property of the spouse who is receiving them, or whether they may be divided in the divorce. Disability benefits received during the marriage are marital property. Section 61.076(1). Cases: Rosen (1995) 655 So2d 153 (disability pension acquired during marriage under an insurance program was marital property). Fondren (1992) 605 So2d 571 (disability benefits from military pension not marital benefits). Weisfeld (1989) 545 So2d 1341 (workers' compensation payments are marital benefits).
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