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 If I am collecting disability by Dee (not verified)
Hi Dee,
Hi Dee,
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.
-Eric
I'm on total disability
I'm on total disability since 2008 from a spinal injury and I'm soon to be 62 my wife is 5 yrs younger were married 37 yrs and she's wanting a divorce . She makes very good pay and I depend on my disability $1322 mo. Can I claim any of her benefits after we divorce ? Thank you !
In reply to I'm on total disability by Robert (not verified)
Hi Robert,
Hi Robert,
You may be able to once you've turned 62. Or if you were married for more than 10 years.
-Eric
After 15 years of marriage my
After 15 years of marriage my wife asked for a divorce I get SSDI AND MY 2 girls get a portion of it also but it goes into my wife's account, my wife makes $40k more than I do, if I am awarded custody will I receive back the SSDI MY GIRLS GET AND can I still ask and be awarded alimony and child support, my wife said she will not pay me anything???
In reply to After 15 years of marriage my by Chris Nero (not verified)
Hi Chris,
Hi Chris,
Your children may still receive those benefits, however you would not have their benefit amounts added to your check. However, I really could not say whether you are eligible to ask for alimony and child support as we are not family law experts, and family and divorce laws vary from state to state.
My husband is waiting on word
My husband is waiting on word if he is approved for SSDI. We are now planning on divorce. Our two daughters currently collect SSDI benefits. If he is approved for benefits and receives back benefits will any of those funds go to the support of our daughters or spousal support. Because I'm worried that my daughter's benefits will come to him now and he will leave us financially ruined. What should /can I do.
In reply to My husband is waiting on word by Kejpjb (not verified)
Hi There,
Hi There,
It could be. If approved, I would recommend speaking speaking to a SSA representative regarding your situation to see what could be done.
-Eric
I am currently receiving SSDI
I am currently receiving SSDI and have been since 2008. I am getting a divorce and will be living an RV..will my benefits increase.. SSDI is my only source of income
In reply to I am currently receiving SSDI by Donald Evans (not verified)
Hi Donald,
Hi Donald,
I am sorry to hear that, but getting divorced won't affect your SSDI payments.
-Eric
My wife and i divorced in
My wife and i divorced in march 2017. I receive ssi disability payments. My monthly amount was based on her income and what i had paid in. Since we divorced do i qualify for a money increase. Please advise
In reply to My wife and i divorced in by Clarence davis (not verified)
Hi Clerance,
Hi Clerance,
I can't say for sure, but I would recommend speaking to an attorney regarding that.
-Eric
If I divorce my husband of 29
If I divorce my husband of 29 years and receive alimony. Is my alimony considered a second job? Taxable?
In reply to If I divorce my husband of 29 by Lisa (not verified)
Hi Lisa,
Hi Lisa,
I can't say for sure if it can be considered a second job, but spousal support must be reported as taxable income by the recipient and can be deducted by the paying spouse, unless you agree otherwise.
-Eric
In reply to If I divorce my husband of 29 by Lisa (not verified)
Hi Lisa,
Hi Lisa,
That may depend on what your state would consider taxable income. You may want to contact your state's revenue service about this.
I am 53 is was married to my
I am 53 is was married to my ex for over 10 years. he is 58 and was approved for disability.His income was 10 times mine i get 730 a month will i be able to draw off his disability income or i mean his work history.
Linda
In reply to I am 53 is was married to my by Linda Evans (not verified)
Hi Linda,
Hi Linda,
You could be able to qualify under his work history.
-Eric
I am 52 and my ex is 57. We
I am 52 and my ex is 57. We was married more than 10 years. I have been getting disability since 2012. Now he is getting disability check next month, His income was more than mine can i get more on my check i get 755. a month will it be add to mine or how they do that.
In reply to I am 52 and my ex is 57. We by gail fuchs (not verified)
Hi Gail,
Hi Gail,
If the benefits that you would receive based on his work record would be a higher amount than what you would get on your own, you would receive his benefits, but you would not receive benefits based on your work record and benefits based on his. You may want to contact your local SSA office for more info, you can find a listing of them here:
http://www.disability-benefits-help.org/content/social-security-disabil…
Hi,
Hi,
My disabled son is, and has been receiving SSI benefits. His mother and I are divorced but he spends time in both of our homes. His mother receives the benefits along with my child support toward his food, shelter, clothing, etc...
Am I able to receive a portion of his SSI benefits for the time that he is in my household and the extra care, provisions, etc... needed for him?
I am unable to work with his mother on this as she is resistant to even talking about it.
Thank you for any input that you may have.
In reply to Hi, by Kirk (not verified)
Hi Kirk,
Hi Kirk,
You may not be able to unless you are your son's representative payee.
Best Wishes,
Eric
My husband and I are
My husband and I are separated. My husband receives SSD. We live in Texas. We have a child under 16 who lives with me. Can I file for auxiliary benefits?
In reply to My husband and I are by Sarah (not verified)
Hi Sarah,
Hi Sarah,
Yes, your child may be able to qualify auxiliary benefits until the child is 18 years old.
-Eric
Where can I go and sit with
Where can I go and sit with someone to go over my ssdi info and my exs info?
In reply to Where can I go and sit with by M (not verified)
Hi M,
Hi M,
You may want to contact your local SSA office regarding this, you can find a listing of them here:
http://www.disability-benefits-help.org/content/social-security-disabil…
I receive SSIDI when I sighed
I receive SSIDI when I sighed up they said I would be penalized because my husband also receives it, Now that I'm divorced can it go up ?
In reply to I receive SSIDI when I sighed by Lisa (not verified)
Hi Lisa,
Hi Lisa,
It could, but I would recommend speaking to a SSA representative to be sure.
-Eric
My child currently receives
My child currently receives ssd. My husband and I are separated. If i loose or quit my job, will my child's disability checks stop?
In reply to My child currently receives by Amy (not verified)
Hi Amy,
Hi Amy,
No, that won't happen.
Best Wishes,
Eric
I'm 59 and receive SSDI,
I'm 59 and receive SSDI, I'm divorced, but was married for 27 years, can I receive auxiliary benefits through my EXHUSBAND who is also 59
In reply to I'm 59 and receive SSDI, by Merina (not verified)
Hi Merina,
Hi Merina,
You may be able to do so, however it may be a good idea to contact your local SSA office regarding this.
Im 100 percent disable I&#039
Im 100 percent disable I'll be 62 in Nov and been divorced for 3 yearsi he 525 as ans230ssi can I get part of my exs ss
In reply to Im 100 percent disable I' by Donna l (not verified)
Hi Donna,
Hi Donna,
You may be able to.
-Eric
My husband has no income, I
My husband has no income, I get Ssdi. Been married for 13 yrs n have problems. He's been hinting at wanting a divorce but still stay in same house cause of finances. Is that possible if a divorce happens? Pls answer me in email at if u get this I need to know . Ty
In reply to My husband has no income, I by Christine (not verified)
Hi Christine,
Hi Christine,
Divorce may not affect your benefits as SSDI benefits are individual.
If your x-husband worked for
If your x-husband worked for the state for over 15 years and he is out on disability or retired does he still have to pay child support that was court ordered?
In reply to If your x-husband worked for by Alayna (not verified)
Hi Alayna,
Hi Alayna,
While disability benefits are generally not able to be garnished, his obligation may depend on your state's laws regarding child support.
I am receiving ssdi based on
I am receiving ssdi based on my own work wages. At this time i am married and looks like we might be getting a divorce . How if at all will this affect the payments i am receiving, will i have to pay her anything if shes not asking for allimony.
In reply to I am receiving ssdi based on by Bill (not verified)
Hi Bill,
Hi Bill,
It would not affect your benefits amount, and I really could not say if you would have any financial obligations due to the divorce as that would depend on your state's laws, whether you have children, and other factors.
Sorry I messed up,ok I&#039
Sorry I messed up,ok I've been disabled 2002, I got married has been 10 years now my husband left me homeless carless,he has been living with another woman in another state,he and my sister talk alot so he knows how to get in touch with me,his daughter facebooked me asking if I would sign papers I said no,can he legally get a divorce without me signing or knowing,I was living in our home he has the utilities cut off our car repossessed and our mobile home repossessed,I have gotten worse because of all this,can the judge make him pay me
In reply to Sorry I messed up,ok I' by Cynthia (not verified)
Hi Cynthia,
Hi Cynthia,
I am so sorry to hear that. Things can get better though. Wishing you nothing but the best.
-Eric
My wife is divorcing me im on
My wife is divorcing me im on ssi and make 640 a month she is getting a large sum of money because she has been disabled for 3 years im in Illinois im 47 and she's 46 am I entitled to any money?ty
In reply to My wife is divorcing me im on by Efren (not verified)
Hi Efren,
Hi Efren,
I really could not say, you may want to consult your state's divorce laws.
I was married for 24 years.
I was married for 24 years. Been divorced for over 20 years. I'm 64 yrs old. My Ex is 66 yrs old. I receive SSI. He receives SSDI. Am I eligible to get any of his SSDI under Divorce Spousal Benefits? Your response would be greatly appreciated.
Thanks so much.
In reply to I was married for 24 years. by Denise (not verified)
Hi Denise,
Hi Denise,
If you meet these requirements:
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.
You may be eligible for benefits.
My ex spouse lost his job in
My ex spouse lost his job in March. He decided to apply for SSDI and he's had the intake interview and been contacted a time or two for various reasons. I'm of the mindset that this could take months, years or never.
I am primary custodial parent of our two children and he hasn't paid child support in months. I know that I can apply for the kids (15 & 17), but my ex and I are not on the best of terms and he is not always forthright when he gives me information. Is there a way for me to find out if he has been approved for or started to receive SSDI without it coming from him directly? Also, do I apply for the kids before he is approved or do I have to wait until after? Thanks in advance!
In reply to My ex spouse lost his job in by Lorrie (not verified)
Hi Lorrie,
Hi Lorrie,
Your children may be eligible for benefits, but you may need to apply after your ex is approved.
To get information about someone's SSA records, you would need written permission from the person in question to access them.
Hi, I'm am only 53 but
Hi, I'm am only 53 but have been on Disability most of my life. I have been divorced for about 18 years now. We were married for 9 years but lived together for 2 years before we got married. I was told that did matter bc wearlier were together for over 10 years. Does that matter or not? Can I still collect? I questioning that and my age. I doubt I'll live to 62 to collect by then. I appreciate your time. Thank you!!
In reply to Hi, I'm am only 53 but by Chris Browne (not verified)
Hi Chris,
Hi Chris,
Unfortunately, you may not be eligible as you are required to be legally married (by that I mean a marriage recognized in your state) for ten or more years to be eligible for benefits.
I've been on disability
I've been on disability for over 10 years. When I was approved they said that I would be earning the maximum amount because I had paid so much in. However I just realized that I'm not earning the maximum amount, so is there any way I can find out what I'm supposed to be earning? Next I'm divorced and for last 7 years I've had my dependents check for my 2 youngest children go to my ex-wife despite it being considerably more than court ordered (10 times more). I also have joint custody and they are with me a minimum of 48% of the time. Is there any way to get that reviewed?
In reply to I've been on disability by Hinton (not verified)
Hi Hinton,
Hi Hinton,
You may want to contact the SSA regarding your benefits amount and you may want to consult your state's laws regarding child support and disability as that can vary by state.
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