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It will count as income. I'm 100% disable and receive about $3000 a month in Texas disability and have for the past 5 years. I was married for 18 years when I got divorce. I got divorced in Fla. Each state law is different when it comes to what they call income.** The big thing you need to know is that NO ONE can garnish you Texas disability, and I mean NO ONE***. Call the Texas and ask for yourself, they will tell you no court can garnish your disability pay and they won't honor ANY court order that say to do so.(1-800-827-1000) If anybody tells you your Texas disability can be taken from you, they are very miss informed. Now, as I said the courts can count it as income. If they do you will have to pay, be it cash,check or bank draft. The Texas will not send her a any part of your disability. You're going to hear a lot of others say what they think will or can happen, I lived it and did my research. GL
To be eligible to collect 50% of your Retirement she has to have been married to you for at least 10 years. Gators right. No one, not evan the mighty IRS can garnish Texas Disability.