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
Ok curious I've been
Ok curious I've been married less than 10 years my husband receives disability and we receive for my minor children they are not his he has raised them but my question is would they still receive benefits if we were to divorce/seperate?
In reply to Ok curious I've been by Renee (not verified)
Hi Renee,
Hi Renee,
Your children's benefits will not be effected.
Best Wishes,
Eric
I receive SSDI and my husband
I receive SSDI and my husband does to he wants a divorce we have been married 43 years will he have to pay me alimony in the State of Florida
In reply to I receive SSDI and my husband by Hilda Bryant (not verified)
HI Hilda,
HI Hilda,
I really could not say if he would need to pay you alimony, as divorce laws vary by state.
My husband and I are on ssd.
My husband and I are on ssd. I want a divorce, will my payment go up? I worked for 40 years. I was told it would increase .
In reply to My husband and I are on ssd. by Janice (not verified)
Hi Janice,
Hi Janice,
I really could not say how it would change as I do not know the details of your case, but if you're receiving those benefits based on your income rather than work record, you may have a change in benefits after a divorce.
I became disabled and quite
I became disabled and quite ill during the time of my divorce. Didn't have resources to fight for anything. I worked until I was 30, but since my husbands job included 80% travel time was unable to work as we had two children, one learning disabled. Prior to ACA I spent most of my settlement on medical.Over 1/2 million. I am running out of money, living with my mom, unable to work, while my husband just bought a new home in Santa Cruz. Most of our portfolio was in stock options, mine werr cashed out the day of divorce. I was an active volunteer in my community and my children are successful adults. And because I took time to make that happen while my husband cheated on me while making fortunes building the internet. My attorney warned me, but I would not be alive had I not signed the first offer and gotten surgery as my kidney was 95% blocked and I was having seizures. This is unacceptable. Mothers should not be punished.
In reply to I became disabled and quite by Kate (not verified)
Hi Kate,
Hi Kate,
I'm sorry to hear about that!
I have a friend that is
I have a friend that is severely disabled. He is 66 yrs old. He is filing for a divorce from his wife who is 51 yrs old. They have been legally separated since 2013. Can she receive any of his disability. It is his only income.
In reply to I have a friend that is by Jeri (not verified)
Hi Jeri,
Hi Jeri,
Your friend's ex-spouse may be eligible for benefits based on his work record, but those benefits would not reduce his benefits if she was eligible for them.
Can i get my husband social
Can i get my husband social security if I signed divorce papers s as Ying I don't want it
In reply to Can i get my husband social by Catherine (not verified)
Hi Catherine,
Hi Catherine,
A divorced spouse could be eligible for benefits if he is over age 62 and you were married for 10 years. These will not affect your benefits.
Hi.. I became disabled 2
Hi.. I became disabled 2 years ago. I also got divorced 1/1\2 years ago. I worked during my 30 year marriage but didn't make alot. I got calculated at $710.00 a month minus Medicare so I get $606.00 a month total from SSD. My ex made 5-6 times that amount. He is now retired. Can I apply for his social security income even though he pays me $1000.00 a month. $1606.00 a month is my total income. After housing n medical bills and car insurance..I'm lucky if I can put food on the table. Thank you
In reply to Hi.. I became disabled 2 by LuAnn (not verified)
Hi LuAnn,
Hi LuAnn,
I am sorry to hear that. If you were married for at least 10 years and you are over age 50, then yes.
My question, my wife and I
My question, my wife and I are getting divorced and I'm the one filing. We have been married for 23 yrs and we have been receiving SSDI based on my work history. We have been receiving SSDI for 5 yrs and she gets a separate check each month as my dependent.Will she continue to receive this check or should it stop? Also if it is suppose to stop when and do I notify SSN or is she suppose to? We are both 46 and the reason I get disability is I was injured overseas in the military.
In reply to My question, my wife and I by Clint (not verified)
Hi Clint,
Hi Clint,
I do not believe she will be eligible--You usually have to be 50+ to receive spousal benefits.
If my wife doesnt qualify
If my wife doesnt qualify for disability while were still common law married can we divorce and get her eligible so she can get the help that she needs ?
In reply to If my wife doesnt qualify by Phill (not verified)
Hi Phill,
Hi Phill,
Your marital status may not affect her eligibility for benefits, so I really could not say if divorce would be something that would help her chances of being approved.
Hi, I have been on SSDI since
Hi, I have been on SSDI since 2014. My ex husband just became eligible for same, 2 months ago.
Why is he getting his full pension per month (due to his disability status) and I am receiving less pension even though I am unable to "Retire" due to my own disabled status. Our lawyer said the pension split would b 50/50 regardless of retirement circumstances or age. The actuary is penalizing my portion however by $540.00
We were married 30 years, he is 57 and I am 56. Again... we are both disabled. Pension is supposed to be split 50/50
Thanks for any help you can give
In reply to Hi, I have been on SSDI since by Donna (not verified)
Hi Donna,
Hi Donna,
I am sorry to hear that! I would go with what your lawyer says--his expert opinion is probably correct here.
About 10 yrs ago I was on
About 10 yrs ago I was on disability and my children drew a check off of me. I have to pay child support so those checks were automatically taken for that purpose. I came off disability and my x spouse went on disability. Now my x draws off the children. I'm getting back on disability and can't receive checks for them so how will my child support be affected?
In reply to About 10 yrs ago I was on by Mdarrow (not verified)
Hi there,
Hi there,
Child support is actually not handled by the SSA, but by Child Services. They may be able to rearrange the current payment structure to ensure that you get the support your family needs.
I'm 56, divorced and
I'm 56, divorced and applying for SSDI. Can I claim benefits based on my ex spouse's wages?
In reply to I'm 56, divorced and by Dawn (not verified)
Hi Dawn,
Hi Dawn,
You may be able to if you are determined by the SSA to be disabled and are otherwise eligible for that benefit.
Married 35 years, both worked
Married 35 years, both worked until 2010, I still work but husband went on SSDI. I worked all my life, he always made more but no savings. I have pension and 401k, I'm only 59 he is 61. If we divorce will he be entitled to 1/2 my pension and 401K?
Thanks
In reply to Married 35 years, both worked by Linda (not verified)
Hi Linda,
Hi Linda,
We are not experts on divorce law, you may want to consult your state's statutes on divorce to find out what your ex would be entitled to.
Hi I receive SSDI I divorced.
Hi I receive SSDI I divorced. Are they concedered to pay more on my SSDI payment? It's so low to survive on..thank you.
In reply to Hi I receive SSDI I divorced. by Naciye jenkins (not verified)
Hi Naciye,
Hi Naciye,
Under certain circumstances you may be eligible for benefits based off of your ex-spouse's benefits , however I couldn't say if you are eligible at the moment, and divorce would not affect SSDI benefit amounts.
I am on ss disability. I was
I am on ss disability. I was married for 18 years ..how do I find out if I'm eligible for more money based on his income..he is still working as far as I know
In reply to I am on ss disability. I was by Annette (not verified)
Hi Annette,
Hi Annette,
You may be eligible for benefits 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.
It may be a good idea to contact your local SSA office regarding this, they can give you information that's specific to your case.
I'm divorced and wasn&
I'm divorced and wasn't married long enough to collect benefits through my ex husband, can I collect through my mother as a disabled adult child?
In reply to I'm divorced and wasn& by Mary (not verified)
Hi Mary,
Hi Mary,
You may be able to, however you may want to contact your local SSA office regarding this for full details about your own particular case.
I've been married for
I've been married for 6yrs going on 7 but been separated 5 yrs if i receive ssi or ssid can my wife get some of that?
In reply to I've been married for by John james (not verified)
Hi John,
Hi John,
While your wife could be eligible for benefits based on your work record under some circumstances, those benefits would not affect the amount that you would receive.
In reply to I've been married for by John james (not verified)
Hi John,
Hi John,
While your wife could be eligible for benefits based on your work record under some circumstances, those benefits would not affect the amount that you would receive.
The man I live with is on SSI
The man I live with is on SSI. We have been together for 32 years and have a 14 year old son. He currently get an additional $700 a month for our son. If my son and I should move out will he continue to get that money or will it come to me?
In reply to The man I live with is on SSI by KimLF (not verified)
Hi there,
Hi there,
If your son is receiving that money based on his father's work record, he may be able to keep receiving those benefits, however you may want to have the payee re-assigned for your child.
In reply to Hi there, by Bryan
My son is not receiving the
My son is not receiving the money, his father is.
In reply to My son is not receiving the by KimLF (not verified)
Hi there,
Hi there,
If that is the case, you may want to contact the SSA regarding changing your child's representative payee from the father to you.
If I go on disability and
If I go on disability and presently pay maintenance support for 11 years will it than come out of my disability payment? I am remarried she is not
In reply to If I go on disability and by Tim (not verified)
HI Tim,
HI Tim,
I really could not say as it would depend on any agreements that you had made with your ex-spouse. However, disability benefits generally may not be garnished.
I was married for 11 years to
I was married for 11 years to my ex-husband and I just became disabled per being diagnosed with Arnold Chiari Malformation. He has worked for at least 12 years longer than I have & I am 54. Is it possible for me to claim off of his SS if it is more than mine?
In reply to I was married for 11 years to by Karen (not verified)
Hi Karen,
Hi Karen,
If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record (even if they have remarried) if:
You are unmarried;
You are age 62 or older;
Your ex-spouse is entitled to Social Security retirement or disability benefits and
The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse's work.
Best,
Eric
If I am 56 years old and
If I am 56 years old and divorced, I was married for 15 years, can I collect disability benefits from my ex-husbands social security? I have also worked for approximately 37 years.
In reply to If I am 56 years old and by Colleen (not verified)
Hi Colleen,
Hi Colleen,
You may be able to under certain circumstances, namely these ones:
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.
Hi, I receive SSD & a
Hi, I receive SSD & a small part of my ex husbands retirement. My question is, when I turn 62 this year (ex is 67, was married 26yrs and I've never remarried.) Can I receive part of his SS?
In reply to Hi, I receive SSD & a by Belle (not verified)
Hi Belle,
Hi Belle,
You may be able to receive part of his SSI.
Best Wishes,
Eric
If a father is collecting
If a father is collecting SSDI but has not listed his biological children as beneficiaries- can the children still apply to receive derivative benefits?
In reply to If a father is collecting by Sharon (not verified)
Hi Sharon,
Hi Sharon,
Yes, they may be eligible for benefits based on the father's work record.
I receive SS Disability
I receive SS Disability benefits. The benefits started after our separation and we were married only 5 years. Is it true that by federal law that SSD benefits aren't considered marital property? Does this include the dependent benefits as well? Because my attorney did nothing to represent or defend me. How do I get the benefits back that he receives including the lump sum retro pay?
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