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
In reply to What about my ex taking the by Paula (not verified)
Hi Paula,
Hi Paula,
Yes, the SSA may ask the father for the benefits back.
Hi,
Hi,
My friend is getting divorced after 34 years of marriage. His to-be-ex wife has had SSDI (NOT SSI) for a number of years. He is going to have to pay 50% of his income per month for maintenance no matter what because of being married for so long. We are wondering if he pays her maintenance does SSA consider the maintenance "earned" income? Does the amount she is going to receive have ANY bearing on her SSDI at all?
Thank you,
Andrea
In reply to Hi, by Andrea (not verified)
Hi Andrea,
Hi Andrea,
That should not be considered earned income and will not affect her SSDI!
My husband and I are
My husband and I are divorcing. I currently receive SSDI, as does my 5 year-old daughter. If we share child care 50/50, is he entitled to 50% of her benefits? He is employed and makes more than my monthly benefits and my daughter's benefits combined.
In reply to My husband and I are by Leslie Masterson (not verified)
Hi Leslie,
Hi Leslie,
She should be, even if you did not share childcare.
In reply to Hi Leslie, by Deanna
Thank you so much...what a
Thank you so much...what a wonderful service you guys provide. Kudos to you and your co-workers. Merry, merry Christmas!!!!
In reply to Thank you so much...what a by Leslie Masterson (not verified)
Hi Leslie,
Hi Leslie,
You're very welcome!
I am 48 and my ex husband is
I am 48 and my ex husband is 49. We have two children together. I have been getting ssdi for myself and the two boys for 14 years. My ex and I have been divorced for 2 years. My ex is now receiving ssdi because he has stage 4 cancer. He also receive less benefits than I do. He recently called me and wanted the children's information to add them to his benefits. I have sole custody of our two children. I asked him why he said so if he should die, they would be able to receive his benefits. Why is necessary for him to file them also.
In reply to I am 48 and my ex husband is by stacey (not verified)
Hi Stacey,
Hi Stacey,
Your children may be able to receive survivor's benefits if they are otherwise eligible after your ex-husband's death, regardless if they receive benefits from his account now.
My husband and I lived
My husband and I lived together since 1970-have been married since 1988- we separated but never divorced in 1989. He has always kept me on his insurance plan through his work & still does but he is retired. I've been on Disability SS since 2012. I am 65. Can my Disability be based on his work history which is much higher than mine or do I have to wait until I'm 66? Is there a way to compare what the difference would be now or later when I'm 66? Thank you.
In reply to My husband and I lived by Deb J. (not verified)
Hi there,
Hi there,
You may be eligible to receive benefits based on his work record, it may be a good idea to contact Social Security. Generally disability benefits amounts stay the same if they convert to retirement benefits.
I am going through a divorce
I am going through a divorce after a 9 yr marriage. We have an 8 yr old daughter. Is my estranged wife entitled to any portion of my disability back pay if I am awarded the claim?my hearing is two weeks before my divorce is to be finalized but I am sure it will take 60-90 days to hear the decision. Is she entitled to any of the back pay?
In reply to I am going through a divorce by Joe (not verified)
Hi Joe,
Hi Joe,
I really could not say as divorce laws vary in each state. However, she may be eligible for benefits based off of your work record if you win, however they would not take away from the amount you would receive.
I get 121.50 from ssi because
I get 121.50 from ssi because I am married I lost 700.00 when my husband got ssd how are we to survive?
In reply to I get 121.50 from ssi because by Joeann (not verified)
Hi there,
Hi there,
You may be able to get benefits based on your husband's work record, you can find some more information here:
http://www.disability-benefits-help.org/glossary/auxiliary-benefits
My wife and I both receive
My wife and I both receive SSD. We are considering divorce. how will this affect our SSD benefits?
In reply to My wife and I both receive by Mick Jones (not verified)
Hi Mick,
Hi Mick,
If the two of you are receiving benefits based on your respective work records, it may not affect your benefits at all.
In reply to Hi Mick, by Bryan
I receive $850 per month; my
I receive $850 per month; my wife receives $135.00 per month. Are you saying her benefits may not increase?
In reply to I receive $850 per month; my by mick Jones (not verified)
HI Mick,
HI Mick,
As we are not affiliated with the SSA or the federal government, I really don' t have the information needed to tell you for sure what's going to happen to your ex's benefits. However, if it is based off of her work record, it would not change. If she's receiving benefits based off of her income and resources, it may change as those things change during your separation.
I am 57, my ex-husband is now
I am 57, my ex-husband is now collecting SSDI, am I entitled to collect now or do I have to be 62?
In reply to I am 57, my ex-husband is now by vincenza (not verified)
Hi there,
Hi there,
if you have a condition that the SSA considers disabling, you may be able to collect benefits based on his work record.
I am married but living
I am married but living separate i have recently receive SSDI and she is planing on getting divorce. Can my spouse collect any of my SSDI in the divorce settlement when it happens when i am the one whom has become disabled .
In reply to I am married but living by Buddy (not verified)
HI Buddy,
HI Buddy,
Your spouse may be able to qualify for benefits based off of your work record, however those benefits would be in addition to your regular benefits check. Divorce law varies by state, so I could not say if she would be able to take any money from your SSDI check, but generally SSDI benefits are not able to be garnished.
I am receiving SSDI and also
I am receiving SSDI and also 100% from the VA. My wife is also receiving SSDI. All combined, this is our only income. I am over 50 and she is under 50. We have no children. My VA benefit is protected from any alimony payments. Is this true for SSDI or could a judge rule for a alimony taken from that portion of my income?
In reply to I am receiving SSDI and also by Mike (not verified)
Hi Mike,
Hi Mike,
Divorce law varies state by state, so I really could not state. However, disability benefits may be protected from garnishment.
I applied to be the new payee
I applied to be the new payee for my sons benefit under his fathers ssdi. We've been divorced for over 6 years and I have always had full custody. My ex has been collecting ssdi benefits for our son and isn't spending any of the money on our son. One of the documents they are requesting from me is my W2 for income verification. What does my income have to do with my sons benefit through his dad's ssdi? Also, because I proved my ex has kept his sons benefit $ for himself does he have to pay the money he took back to my son?
In reply to I applied to be the new payee by Paula Reyes (not verified)
Hi Paula,
Hi Paula,
The SSA may just be doing due diligence to ensure that the benefits would be used for your son. As far as the benefits being paid to the father, the SSA may ask for that money back from the father.
My wife of 8 years told me
My wife of 8 years told me she wants a divorce, I have not yet received any payments but will in about 2 or more months my lawyer told me ssdi. Is my wife able to take part of my back payment sum? I will be paid like 3 or more years back pay. She is not a us citizen yet.
In reply to My wife of 8 years told me by JOhn (not verified)
Hi John,
Hi John,
I really could not say as divorce laws vary by state and we don't provide information about divorce law. However, monthly benefits are generally unable to be garnished.
My ex spouse and I were
My ex spouse and I were married less than10 years and she is the caregiver of our 6 year old son. I am on SSDI and my son gets dependent benefits. Does she qualify for auxiliary benefits as his caregiver?
In reply to My ex spouse and I were by Robert (not verified)
HI Robert,
HI Robert,
Yes, she may be eligible for 'child in care' benefits, however she may want to double-check with the SSA to be sure.
My ex-husband passed away and
My ex-husband passed away and I'm still taking care of our handicap son who is 20 and still drawing a check off his father. I've been remarried and divorced and now showing signs of crippling RA. If I quit my job stay home can I draw off my ex-husband until I'm approved for disability?
In reply to My ex-husband passed away and by Cristy (not verified)
Hi Christy,
Hi Christy,
You may be able to draw benefits based off of your ex-husband's work history, however that may only be after approval for benefits.
ok if you are not above 60 or
ok if you are not above 60 or 50 and you have gotten a divorce while you were in 40's does it affect medicaid and SSI thnaks
In reply to ok if you are not above 60 or by eric (not verified)
HI Eric,
HI Eric,
That may not affect your medicaid or SSI benefits as ex-spouse benefits are not offered for either benefit.
My husband & I are
My husband & I are getting divorced, married over 10 years. I am on SSDI. He recently became unable to work and has been on his company short term disability, which is/has run out. I know he will qualify for SSDI. Can I get alimony or part of his disability? I don't know how much his SSDI would be, but feel it would be about double than mine. He also cashed in his retirement and has spent it.
In reply to My husband & I are by Maggie (not verified)
HI Maggie,
HI Maggie,
I really cannot say what your eligibility for alimony is as divorce laws can vary by state. However, I can tell you you may be eligible for benefits on your ex-husband's benefits if you satisfy 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.
I'm getting divorced
I'm getting divorced after 35 year marriage ...We are both on Soc Sec Disability based on Our own working Hx ...He receives at least twice as much ....I live in Ca ....what happens ?ThankYou
In reply to I'm getting divorced by Kim (not verified)
Hi Kim,
Hi Kim,
You may be eligible for benefits based on his work record if it would be more than what you get now. However, Your benefits may not change simply due to divorce.
I was a stay at home mother
I was a stay at home mother and wife for 28 years. After getting divorced i applied for ssdi. Will the amount i get be based in my income or my ex income? He made 50 grand a year and is not disabled.
In reply to I was a stay at home mother by Linda (not verified)
Hi Linda,
Hi Linda,
If you're over 50, you may be eligible for benefits based off of your ex's income and work history. Since SSDI is based off of contributions to FICA taxes, you may not be eligible for SSDI based on your own work record and income.
i been on social security
i been on social security disability going on 3 years. i am going to be 62 in 6 months. Will i be able to collect on my ex spouse SSD who is 65 still working an we been divorced for 9 years, along with mine SSD since i make so little amount. If so do i just collect his or mine an his together? Is it half of his an mine together? I get so upset because i hear so many different things, i waited on hold for over an hour for social security an got disconnected. i never get the answer im looking for maybe you can help me thanks.
In reply to i been on social security by angela (not verified)
Hi Angela,
Hi Angela,
You would be able to collect on his work record if the benefit that you would receive is higher than what you would get on your own, however you would only be able to collect one or the other, not both.
I rec. $778 - $130 for
I rec. $778 - $130 for Medicare =$648
+ $1100 Alimony in Mississippi. Do I qualify for Medicaid. I recently Divorced after 28 yrs. can I drawn off of his SS Benefits before he dies.
In reply to I rec. $778 - $130 for by Patricia Smith (not verified)
Hi Patricia,
Hi Patricia,
You may want to contact the Louisiana Department of Health regarding Medicaid, you can do so here:
http://ldh.louisiana.gov/index.cfm/subhome/1
As far as drawing off your ex's benefits, you may be able to if you would receive more money based off of his work record than your own, but you would not be able to receive both benefits at the same time.
My wife and I are currently
My wife and I are currently going through a separation, I receive SSI for my disability, I also receive it for my children because of my disability, we are planning on joint custody, does that entitle her to the benefits I receive for my children?
In reply to My wife and I are currently by Joe (not verified)
Hi Joe,
Hi Joe,
She may be eligible for benefits based on your work record, called a "child-in-care" benefit.
I became disabled, before my
I became disabled, before my divorce, I now live on my social security disability of 632, and ssi of 122. My disability was determined on my income then, am I eligable to collect a higher amount based on his income now that I do not get child support. I am 55, and I was married 22 yrs?
In reply to I became disabled, before my by Susan (not verified)
Hi Susan,
Hi Susan,
You may be able to collect on your husband's work record if you would get a higher amount than what you are receiving now, you may want to contact the SSA regarding this.
I'm 70 and he is 69 both
I'm 70 and he is 69 both SSI and he is disabled with Medicaid. Been. Married 48 years he also has a pension. If I leave he will be in a nursing home. What will I get
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