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
My autistic 19 year old is
My autistic 19 year old is currently receiving auxiliary benefits as a DAC (Adult Child with Disability) on my ex-spouse's early retirement (he is 63). However, my ex-spouse intends to withdraw from his early retirement and rejoin the workforce. Will this reduce the amount my child receives each month, or does SSA use the working parent's earnings when calculating monthly benefits for the DAC recipient?
In reply to My autistic 19 year old is by Isabel (not verified)
Hi Isabel,
Hi Isabel,
Your ex-spouse may not need to stop receiving benefits while re-joining the workforce as there are no restrictions on earned income with retirement benefits.
If my wife and I both draw
If my wife and I both draw Disability Social Security monthly payments into an account of our own separate from one another and we decided to get divorced would I possibly be required to give her additional money from my monthly payment?
In reply to If my wife and I both draw by Jim from Kentucky (not verified)
Hi Jim,
Hi Jim,
Disability benefits are generally unable to be garnished, but you would be held to any requirements your state's divorce laws dictate.
My mom just became eligible
My mom just became eligible for SSDI benefits last month & is in the middle of divorce proceedings. The marital home will be split when this is all said & done. Will the one-time payment she receives affect her monthly income from SSDI? If so, for how long- or what is the threshold?
In reply to My mom just became eligible by Carissa (not verified)
Hi Carissa,
Hi Carissa,
It won't affect her SSDI. Best wishes.
I have been divorced since
I have been divorced since 2006. Several years after the divorce was final I was very ill and I received a paper in the mail from my attoreys office for me to sign. I signed it and sent it back. I did not know how s.s worked until about 2 weeks ago. I did not keep a copy of the paper and my attorney did not either and has retired. My ex re married and i now think the paper was for me to sign so he could collect half of my primary benefit as he is not longer elageble for derivitive benefits. I was told by s s that they do not split primary benefits for retirement purposes for the ex if they remarry it doesnt if the judge orders it. They said they were governed by the feds not thhe state. Can you clarify this for me please. We go to court in Oct. 2017. I have been receiving ssdi since 2004 and will not reach retirement age until I'm 66.8 years old or the amout will be reduced and he is 4 1/2 years older then me and wants his part of the money but I'm only 58 years old. It will be some time befor my retirement kicks in.
In reply to I have been divorced since by Mary (not verified)
Hi Mary,
Hi Mary,
The SSA does not split those benefits themselves, however you may be held to any agreements that you had made independent of that.
Hello, I am on disability and
Hello, I am on disability and my ex husband is now also on disability. I receive help from social security for my 17 year old son, can I also receive from my ex husband for my son?
In reply to Hello, I am on disability and by Sherry (not verified)
Hi Sherry,
Hi Sherry,
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.
I've been married for
I've been married for 33yrs
I had to stop working after a car accident. I have filed for divorce my check was based on his income we do have a 15yr old daughter.my check is 365. What do I need to do with that im 51 an unable to work!
In reply to I've been married for by Anonymous (not verified)
HI there,
HI there,
You may want to contact the SSA regarding this, you may be eligible for SSI benefits as well.
My husband currently receives
My husband currently receives ssdi payments, me, my two oldest kids who are not biologically my husbands kids, and my youngest kid, whom belongs to my husband. If me and my husband divorce, how will this affect the payments for me and my kids? He also has an older daughter who receives a check from him as well.
In reply to My husband currently receives by Melissa (not verified)
Hi Melissa,
Hi Melissa,
Your children may still be eligible for benefits based off of his work record, but it may be a good idea to contact your local SSA office regarding this. You can get in contact with one here:
http://www.disability-benefits-help.org/content/social-security-disabil…
63 married 15 yrs
63 married 15 yrs
ssd 4 yrs
recent divorce 4 yrs.
Could I have received his retirement higher than my ssd?
In reply to 63 married 15 yrs by Peggy (not verified)
Hi Peggy,
Hi Peggy,
You may be eligible for benefits based off of his account, however if you are receiving more that what you would receive based on his work record then you would not be eligible for those benefits.
Been married 30 plus yrs
Been married 30 plus yrs.getting on ssdi. Wife is still working. Both 57. thinking about divorce. Have 13 yr. old. Will my benefits be affected?
In reply to Been married 30 plus yrs by marke (not verified)
Hi Marke,
Hi Marke,
Getting divorced won't affect your SSDI.
My ex and I were married for
My ex and I were married for 16 years. I am 56 years old and am disable and he is disable too. Will I be entitled to receive benefits from before I am 62 if his benefits are higher than mine?
In reply to My ex and I were married for by Sarah (not verified)
Hi Sarah,
Hi Sarah,
You may be eligible for benefits based on your ex's work record, it may be a good idea to contact the SSA regarding this.
I have been married almost 24
I have been married almost 24 years. I have been receiving SSDI for about 10 years now and benefits, for now, the last of our three daughters who is 12. After many years of if him threatening me with divorce, this time I am sure he will pursue it. I am 50 years old and have many. many medical issues. he's 44 and has been working full-time at the same company for over 16 years, He also has a nice size 401K. We will have shared custody of our daughter. Will my benefits for myself be changed? 2. Will I lose my benefits for our daughter? 3. Can I ask for alimony, child support, 1/2 of his wo1K? If I can receive any of these benefits from him will it affect my personal benefits, or our daughters Heart Broken, yet feel some relief. Just don't know where to begin, Oh not to mention we are in huge debt can't file bankruptcy again and our credit is in the toilet, bet you never guessed, the bills are are mainly in my name alone. Desperate for help, and prayers. God Bless
In reply to I have been married almost 24 by Lori B. (not verified)
HI Lori,
HI Lori,
Divorce may not alter your benefits at all, either the benefits you receive or your daughter's. SSDI benefits are based on work record rather than income so things like alimony may not affect your benefits either. Additionally you may be eligible for benefits based on his work record if you would receive more money from that than your own record.
Rite Aid for 8 years I am
Rite Aid for 8 years I am currently on disability and we are both wanting a divorce so it will not be contested we've both moved on with our lives and I needing help with payment plans
In reply to Rite Aid for 8 years I am by Chris McCord (not verified)
Hi Chris,
Hi Chris,
I would recommend speaking to someone at the SSA regarding that. 1-800-772-1213.
I have been on ssd for over 7
I have been on ssd for over 7 yrs now and I recently divorced but I was married 31 yrs to my ex husband. Question is why do I have to wait till I’m 62 to get his ssd.
In reply to I have been on ssd for over 7 by Kathy (not verified)
Hi kathy,
Hi kathy,
If you're over 50 and disabled, you may be eligible for benefits based off of your ex's work record.
I am separated from my spouse
I am separated from my spouse but still married, she kicked me out of the house and now wants half of my SSDI lump sum. Am I obligated to give her half?
In reply to I am separated from my spouse by J (not verified)
Hi There,
Hi There,
You may want to contact a SSA representative regarding that.
Hi, I cannot seem to find
Hi, I cannot seem to find anyone who can confirm this. I saw that someone referenced the Social Security Act of 1935 that back pay for a disability is not considered a marital asset as long as you put the proceeds in a separate account that has no mixed money. I am midway through a divorce and I need to confirm she is not entitled to my back pay, divorced or not yet divorced. Can anyone please confirm that? Thanks.
In reply to Hi, I cannot seem to find by Oscar (not verified)
HI Oscar,
HI Oscar,
You may want to consult your state's laws regarding this as divorce laws vary by state.
In reply to Hi, I cannot seem to find by Oscar (not verified)
I would like to know that
I would like to know that also. I need to know this because my back Pay will pay my medical bills and help me get my own place, if not I’m homeless!
I recently divorced this year
I recently divorced this year. I have been on disability for several years. Before my divorce, social security took my spouse and I's total income and lowered my monthly disability (which was originally based solely on my work history and past income) as well as raised my Medicare payments. I divorced in Feb 2017, do I now go to SS and inform them that my husband's income is no longer available to me so that I can see about reinstating my original disability payments? Or, how do I approach this situation? I am still on disability and I am not able to work.
Thank you for your assistance.
In reply to I recently divorced this year by Dana Simmons (not verified)
Hi Dana,
Hi Dana,
Yes, it's a good idea to do that because if your benefits ( or part of them) are based on income, then a change in marital status/living arrangements would affect that.
So, if I am divorced of 15 1
So, if I am divorced of 15 1/2 yrs., 3 grown children and he remarried can I get ssi when I am 60 or 62 or when and on his record as he has always made more money than me and now he is permanently disabled. How does that work?
In reply to So, if I am divorced of 15 1 by Tonya (not verified)
Hi Tonya,
Hi Tonya,
You may be able to do so if your benefits based on your work record would be less than what you would receive under his and you are otherwise eligible for benefits based on his work record.
I am divorced and pay child
I am divorced and pay child support, I now lost my job and receive ssdi. My children are eligible for monetary benefits. Who gets that money for the children?
In reply to I am divorced and pay child by Daniel Giovani (not verified)
HI there,
HI there,
Generally the SSA would send it to the person who is the custodial parent.
i filed for ssi i was married
i filed for ssi i was married for 8 years together for 10 he was in navy for 3 would that make my ssi estimate higher
In reply to i filed for ssi i was married by traci (not verified)
Hi Traci,
Hi Traci,
SSI is based on income, so it would not affect your benefits.
I am 58 years old and receive
I am 58 years old and receive SSDI benefits based on my work history. My wife and I divorced after 25 years, 2 years ago. My monthly SSDI benefits are less than half of what her monthly social security benefit is calculated to be at her full retirement age. Do I have to wait until I am 62 to apply for divorced spousal benefits?
In reply to I am 58 years old and receive by Randal (not verified)
HI Randall,
HI Randall,
If you're over 50, you may be eligible to receive benefits based on her work record.
im 35 and been getting
im 35 and been getting disability since 2012. I was married and now seperated, how much if any, will my benefits change.
In reply to im 35 and been getting by kim (not verified)
HI Kim,
HI Kim,
I really could not say as that would depend on what benefits you are receiving. You may want to contact the SSA regarding this.
I have been married for 1
I have been married for 1 year and i recieve disability but now my wife is talking about divorce so how will this effect my disablity
In reply to I have been married for 1 by Dj (not verified)
Hi DJ,
Hi DJ,
If you're receiving benefits based on your work record, it would not affect your benefits. If you're receiving income based benefits, then you may have a change in your benefits as benefits are calculated differently for married and unmarried individuals.
My brother has been diagnosed
My brother has been diagnosed with PICKs and is in a Level #1 facility for his safety and the community. His wife abandoned him in a Nursing home with false information and she does not accept any mail or communications from the facilities he has been shuffled through since March 2017, when my father passed. My brother has not worked in 2 years due to his symptoms and actions.His wife has filed for child support from his SSDI and receives a monthly payment. He is being discharged from his present facility because ALTEC will not provide him coverage due to a $30.00 overage the minimum, which is going to his child support. His wife has threatened divorce and submitted paperwork for alimony. They were not married 10 years and she is in her 30's under 62 at this time. Those funds will be required for his care if we can get ALTEC to cover his required institutionalization. Can she get Alimony?
In reply to My brother has been diagnosed by Darlo in Arizona (not verified)
Hi Darlo,
Hi Darlo,
I'm sorry to hear about that! Your brother's disability benefits are generally unable to be garnished, so your brother may not be required to pay alimony. However, divorce laws can vary by state, and they may be able to take his condition into account.
I was married for 11 yrs I&
I was married for 11 yrs I'm on SSI I am 51 when can I collect on my ex spouse ss
In reply to I was married for 11 yrs I& by Deborah (not verified)
Hi Deborah,
Hi Deborah,
You may be able to do so , it might be a good idea to contact a local SSA office regarding this.
I just started receiving SSI
I just started receiving SSI and SSDI payments I was married to my second husband for 15 years he is now deceased I did remarry after him for two and a half years and unfortunately divorced again could I still be eligible to receive some of my second husband's Social Security benefits i am 55 and disabled and my monthly payments are very low
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