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Massachusetts 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, like other property, are part of the "marital estate" that may be divided upon a divorce in Massachusetts. Cases: Dalessio (1991) 570 NE2d 139 (The court concluded that proceeds from a personal injury claim for disability are divisible, to the extent the award compensates for "medical expenses and lost earnings" that would have been incurred or earned both during and after the marriage. The portion of the award designated as compensation for "pain and suffering" were not divided, however. The court gave 40% of the divisible portion of the proceeds to wife, not 50%, thus recognizing that the wife would not suffer the future medical expenses. The court awarded to the wife the entire part of the proceeds designated as "compensation for loss of marital relationship" with her husband.)
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