Many factors affect a person’s disability benefits. This can include a person’s income, financial resources, employment history, and even their marriage. Today’s blog question came to us through our interactive disability forum and deals with divorce and Social Security Disability Insurance (SSDI). If you have a question you’d like us to answer, leave it in the comment section below or connect with us on Facebook or Twitter. Today’s question is:
Back to topI am receiving SSDI benefits. Will getting divorced affect my payments?
If you receive SSDI benefits based on your own earning’s record, your benefit will not be affected by divorce. If, however, you are ordered to pay child support or alimony, a portion of your benefit may be garnished to fulfill those responsibilities.
If you are receiving SSDI auxiliary benefits, there are different ways in which your payments could be affected by divorce. These are explained below:
Spousal Benefits- If you were receiving spousal benefits while you were married, your payments will not be affected unless you were married for less than ten years, you get remarried, or you become eligible to receive a larger Social Security payment under your own record.
Divorced Spousal Benefits-If your ex-spouse qualifies for Social Security Disability Insurance, you may be eligible to receive divorced spouse’s benefits. This is the case if:
- You were married to the person for over ten years;
- You are at least 62 years old;
- You are currently unmarried; and
- You are not eligible for a larger Social Security payment on your own record.
Survivor’s Benefits- If your ex-spouse is deceased you may be eligible to receive auxiliary benefits on his or her record. To do so, you must meet the following requirements:
- You were married to your ex-husband or wife for at least ten years;
- You are at least 50 years old and disabled or over 60;
- You have not remarried; and
- You are not eligible to receive a larger Social Security payment on your own record.
Parental Benefits- If you are caring for an ex-spouse’s child and he or she is younger than 16 or disabled, you may be eligible to receive auxiliary benefits. These will not be affected by divorce or remarriage. These benefits will continue to be paid until your child becomes ineligible.
If you plan to get divorced, it is important that you contact the Social Security Administration and let them know about the changes in your life. This will allow them to make any necessary adjustments and will prevent any unnecessary complications.
Note that this article is only directed toward those receiving Social Security Disability Insurance (SSDI). Individuals receiving Supplemental Security Income (SSI) will be affected differently.
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Blog comments
I just found out that I need
I just found out that I need to go out medical disability. I'm only 52. I'm divorce. We were married for twelve years. Can I collect my disability off my ex-husbands social security. He's is more than mine.
In reply to I just found out that I need by Kimberly (not verified)
Hi Kimberly,
Hi Kimberly,
You may be eligible if you have a child under 16 in your care and are not entitled to a larger amount on your own work record.
I have a question..if your
I have a question..if your husband qualified for disability and you get a divorce is the children still receive their benefit..
Children ages. 3 and 7
Also another question.? What happend is the father approve for disabilty and he has child support?
In reply to I have a question..if your by Raquel (not verified)
Hi Raquel,
Hi Raquel,
Yes, the children may still be eligible for the father's benefits. However, the disability benefits that the children get may be used in calculating the father's child support obligations.
I am on permanent disability
I am on permanent disability and have two kids with my ex-spouse. They qualify so she receives the full benefit. I need record of that for my insurance company. How would I go about getting it when SS can only tell me the kids are receiving SSDI benefits but legally cannot tell me where they are going? I just need something to prove it's not to me. I have offered W2 as proof.
In reply to I am on permanent disability by JT (not verified)
Hi there,
Hi there,
You may need to get written permission from your ex-spouse to get access to the information from the SSA.
My ex-husband has just
My ex-husband has just started receiving his SSDI benefits. We have a 12 yr old son. From everything I have been reading it looks like I can sign my son up to get benefits from his father. We were married for 12 years, so does that mean I can draw some benefits also? And if I did would it reduce the benefit my son receives?
In reply to My ex-husband has just by Cara (not verified)
Hi Cara,
Hi Cara,
You and your son may be eligible for benefits, and your benefit would not reduce your son's or your ex's.
I receive SSDI by my work
I receive SSDI by my work credits, and my husband is filing for divorce. I live in Florida will I be able to receive alimony or any kind of monetary compensation.
In reply to I receive SSDI by my work by Confused (not verified)
Hi there,
Hi there,
Unfortunately I could not say what compensation you would be eligible for as I do not have experience in divorce law. However, your SSDI benefits may stay the same.
my husband collects SSDI and
my husband collects SSDI and I collect the payments for our children as well. I have gathered from the forum that his SSDI is subject to child support but what happens to the payments I already receive for the children, are they figured into my monthly income and then child support would be figured, or are they figured into his monthly income and then child support figured after that? or do they count as child support payments? sorry so many questions just trying to figure out how this all works.
In reply to my husband collects SSDI and by it's finally over. (not verified)
Hi there,
Hi there,
Generally, it will vary by state as states handle disability payments differently for the purposes of determining child support. If you have a lawyer, they may be better able to help you regarding the child support.
My ex husband recently was
My ex husband recently was awarded SSDI being 100% disabled wounded war veteran. He explained to me that our 14-year-old daughter is now able to collect benefits too. Because I am her custom audio parent I had to go to the Social Security office with her birth certificate. She was recently approved and awarded monthly funds. The backpay was around 13,000. Her father makes more money with his pensions and SSDI then when we were divorced and child support was agreed upon. He is now suing me because he believes this new income from SSDI is to replace his child support payments. He suing me for the 13,000. Again his income has increased not decrease. My lawyer is not sure if I will be able to still receive child support payments while my daughter receive SSDI payments L. Any advice or guidance. He is current on his child support because he has sufficient means to pay me child support .
In reply to My ex husband recently was by Christina (not verified)
Hi Christina,
Hi Christina,
I'm sorry to hear about that! I'm not really sure what you'd be able to do, as SSDI auxiliary benefits are treated differently for the purposes of child support in each state.
I was wondering if my dad
I was wondering if my dad will have to pay my mother alimony. They are going through a divorce and have no children under 18. My dad is completely disabled and they have been married for 25 years. My mother works does this mean she is entitled to half of his pay for SSDI? My father also receives military retirement and VA pay for having PTSD?
In reply to I was wondering if my dad by Stacy (not verified)
Hi Stacy,
Hi Stacy,
Generally divorce laws vary by state, so I really could not say one way or another if your father would be obligated to pay alimony.
HI Shane, my 14 year old son
HI Shane, my 14 year old son was born with kidney disease, and his father and I have now been divorced for 1 year. While our son is not continuously ill, he is developmentally delayed, and is considered disabled. We have recently agreed to change school districts for the betterment of our son's education, and must use his father's home as our son's primary address, even though we share 50/50 custody of him. I'm concerned my ex will now try to obtain our son's disability benefits, which we had previously agreed not to pursue, due to the extensive medical tests we would have to put him through. Is this something he can proceed with doing without my knowledge or consent? If so, will the funds be split between parents, or can they be set aside for my son's use only? I'm concerned his father will use the funds at his discretion, with no benefit to our son.
In reply to HI Shane, my 14 year old son by charliespak (not verified)
Hi there,
Hi there,
Your child's benefits may only be used for the child, and if your child is eligible for benefit, you can have a trusted third party assigned as a representative payee, so that neither of you would be directly responsible for the funds.
My mother is 65 only receives
My mother is 65 only receives SSI,and she was married for 10yrs,and he put her in a nursing home....but she is over him through the ssa office....she will get discharged tomorrow to me,which I'm her daughter,so she will be separated from her husband,and both was getting SSI,and he got social security.....my mom didn't get her full benefits due to her being married to him,bc he also drawed it too....so when I get her,and she will be separated From him due to abuse....so will she be able to get her full benefits or not since they will only be separated,and not divorced??
In reply to My mother is 65 only receives by Anonymous (not verified)
Hi there,
Hi there,
It may be a good idea to contact your mother's caseworker and update her marital status, as she may be able to receive benefits without them using her and her ex's combined income.
I would like to know if I&
I would like to know if I've been married for 28 years, and my husband is on SSI, am I entitled to any of his benefits?
In reply to I would like to know if I& by Sandra (not verified)
Hi Sandra,
Hi Sandra,
Unfortunately, SSI benefits do not include auxiliary benefits.
I am currently going through
I am currently going through a divorce and I am curious if I qualify for any other help. I am now recieving disabilty due to having lupus so I am unable to work but I am not recieving enough to take care of myself and my child.
In reply to I am currently going through by Jennifer (not verified)
Hi Jennifer,
Hi Jennifer,
If you are receiving SSDI and have not already applied, it may be a good idea to apply for auxiliary benefits for your child, they may be eligible for benefits based on your work history.
I am about to apply for
I am about to apply for disability and have been separated for 6 years but not divorced. I was told by a social worker that my estranged wife would get half my benefits. So if i was to receive $1,200 a month, I would get a check for $600, and she would get a check for $600. Is this true, and if so what would happened if I was to get divorced? We have been married over 20 years and she is 52.
In reply to I am about to apply for by Stu (not verified)
Hi Stu,
Hi Stu,
It is not true, you would get the full $1200 a month rather than 600, but your estranged wife would be eligible to receive $600 separate from your own benefit check.
iam 55 years old, can i
iam 55 years old, can i recieve ss benifits from my ex husband that is now on ss
In reply to iam 55 years old, can i by cynthia (not verified)
Hi cynthia,
Hi cynthia,
Yes, you may be able to if:
You were married to the person for over ten years;
You are at least 62 years old ( or 50 if disabled);
You are currently unmarried; and
You are not eligible for a larger Social Security payment on your own record.
me and my husband are both
me and my husband are both currently on SSI I am looking to get a divorce but do not know about how to do so plus I am also his payee so how does that work with the divorce can I still be his payee
In reply to me and my husband are both by Anonymous (not verified)
Hi there,
Hi there,
you may still be his payee, however it may be a good idea to find someone else to do so if you get divorced.
Do i get anything for being
Do i get anything for being married for 8yrs &been on the case for ours sons to received ssi for the last 7 yrs i supported my sons&my wofe &now she is trying to not help pay rent now woth the money &she has been spending it on anything she wants &now wants to leave do i receive anything for her not living here anymore &costing our eviction today? & can i apply for my sons benefits to be split now? Because she tooks two months of ssi for herself &now is leaving me with nothing but a bill that states our names on this eviction &we are not divorced or separated legally &now she used the money up for herself nothing towards our kids,our bills &our sons medicine, please help i been working since day 1 on ssi & still working now & i have the apartment still for 60 day bit need assistant asap because my sons dont want to stay with grandma or on the streets anymore please help me my name is Elton Ray Dyer Jr is my social security # case Nikita Compton-Dyer & she is leaving with all my sons benefits without leaving with any help for ours sons &our home we currently still have for 60 days & my 1st sons have autism-speech delay & my 2nd son has kidney failure-kidney diease we been married for the last 8yrs &now she leaves &drops off the kids to me with no help now &takes them whenever she feels like a mom please help me call me email anytime i work as a truck driver barely makes good money but not ssi benefits money every week i pay with my money diapers,clothes,medicine,anything from food to toys for ours sons every year we even claimed our taxes this year together forbthe last 7yrs we did everything together now im lefted with no help please call me asap
In reply to Do i get anything for being by Elton Ray dyer jr (not verified)
Hi Elton,
Hi Elton,
I'm very sorry to hear about that! You can have another payee assigned for your child, all you would need to do is contact the SSA and let them know that their mother is not using the funds properly.
I have been recently
I have been recently separated after 9 years married, I am disabled amount is 573.00 per month plus 180.00 with SSI and state supplement ..I most likely will get spousal support,,while married husbands full income not held against my SSI of which allows me to get Medicaid for what Medicare does not pay. Is it true while living alone spousal support then held against me and will kick out SSI and Medicaid..what do I do to pay what Medicare will not,,this is so unfair., or am I incorrect that spousal support that most likely will go into Alimony is not held against me..just how is it fair if married total income goes over FBR , but single does too but blows away additional medical help with Medicaid we can only get if qualify for SSI.. I know Inam not alone in this. What's the answer to be able to continue obvious medical care being disabled ? Please help me ?
In reply to I have been recently by Tami (not verified)
Hi Tami,
Hi Tami,
If you're receiving SSDI benefits, then you may still be eligible for Medicare benefits, however I really could not say about your Medicaid benefits as those would vary state by state.
On ssdi based on my work
On ssdi based on my work history.just got divorced will it affect me.also I am keeping my name do I need to report divorce to social security
In reply to On ssdi based on my work by tracey (not verified)
Hi Tracey,
Hi Tracey,
Neither your name, nor your divorce would affect your SSDI benefits as those are based off of your work history.
my son and his wife are
my son and his wife are divorced and have been for over 10 years. She is on SS di. they have joint physical and joint financial custody for the past 11 years. Neither of them has ever been required to pay child support to the other. She receives ssdi for their son. How is his ssid payment amount determined?
In reply to my son and his wife are by myra (not verified)
Hi Myra,
Hi Myra,
Generally SSDI auxiliary benefits may be around 50% of a person's SSDI benefit amount. So, whatever the mother gets in benefits, the child would receive about half of that.
In reply to Hi Myra, by Bryan
when she applied for SSI, did
when she applied for SSI, did she have to give them information about her ex-husbands income to get the benefit for their son? Because they have joint physical and joint financial custody, she has him for only 12-15 days per month. Are his benefits based on a full month or only on the time she has custody? She claims she can't help with school cloths/supplies, med co-pays or transportation. Is their any accounting for this money?
In reply to when she applied for SSI, did by myra (not verified)
Hi Myra,
Hi Myra,
Yes, the mother may have had to provide financial information about her ex-spouse for disability benefits for the son, generally the SSA determines benefits by assigning the child a portion of their parent's income as the child's.
Me and my mate will be
Me and my mate will be married less than 6 years when he gets his ss at 62 if he dies will I get to draw something from him or his ex wife
In reply to Me and my mate will be by Teresa ramey (not verified)
Hi Teresa,
Hi Teresa,
You may not be eligible for his ex wife's work Social security, however you may be eligible for benefits based off of your husband's social security if you meet the criteria for it.
Hi,
Hi,
I am on SSD & SSI and have been for about 16 years, I need to know if I could qualify for additional help from his social security? We were married for 15 years and have been divorced for about 15 years, he is 61 and I am 59. I just can't meet my expences alone any longer and need some additional help. Thanks for any help or advice you can give me.
In reply to Hi, by Jan (not verified)
Hi Jan,
Hi Jan,
Generally you would only be able to get benefits from one person's SSDI work record, so if you'd be entitled to more under your ex's work record than yours, you may be able to get benefits based on his work record.
Ok I've been married for
Ok I've been married for 14yrs my wife cheated on me 5yrs ago & I decided to stay. Now she says I hold her back cuz of my disability & want's to be separated & then divorce. I have been on social security disability for 8yrs & get benefits for my 2 daughters. Broke my back in a auto accident in 1992 but worked with L2, L3, & L4 fused with hardware for over 15yrs. Now I am fruse with hardware from T10 through S1. My question is (I've been the main source of income) (I've paid all bills with my ssd, & paid the house off with it) does my wife get any of my disability benefits if we divorce???
In reply to Ok I've been married for by Michael (not verified)
Hi Michael,
Hi Michael,
If you're getting SSDI benefits, then the amount you get each month would not change. If you're getting SSI benefits, then your benefit amount may be re-calculated. If your wife qualifies, she may be eligible for benefits based on your work history, but it will not take away from what you would get.
Hello, my dad is thinking
Hello, my dad is thinking about getting a divorce. He is on SSDI. Has been married for 6 years and was on it before he married. Will his be misfits decrease when he divorces?
In reply to Hello, my dad is thinking by Mark (not verified)
Hi Mark,
Hi Mark,
His benefits may not change because SSDI is based on work history, not marital status or income.
I am 57 and receive SSDI
I am 57 and receive SSDI Benefits and so does my current husband. We have been married over 10 years. If we were to Divorce can I file and start receiving part of his SSDI Benefits?
In reply to I am 57 and receive SSDI by Ann (not verified)
HI Ann,
HI Ann,
You may be able to if you meet these criteria:
You were married to the person for over ten years;
You are at least 62 years old;
You are currently unmarried; and
You are not eligible for a larger Social Security payment on your own record.
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