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 I just started receiving SSI by Debra (not verified)
Hi Debra,
Hi Debra,
You may be eligible if:
ou 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.
What if u get ssi an getting
What if u get ssi an getting separated husband 64 yrs old get 2 checks I get ssi one check they cut me 200 I’m
Moving An need know what to expect an how go by it cause this all new me
In reply to What if u get ssi an getting by Linda (not verified)
Hi Linda,
Hi Linda,
Your SSI benefits may change as you would have a change in household expenses and your share of that would be larger.
I have been married for 18
I have been married for 18 years. I recieve ssdi because of an accident 4 years ago. My husband now wants a divorce,, basically because i can't be the working and physical wife i use to be.... He will be retiring in 2 months, he will recieve ss and retirement. My ssdi is not enough to support me. Can i file for any of his retirement or ss? If so, how? Also, IF i can file, can i file before the divorce is filed? I never thought I'd be in this position.. any good advice will be so helpful...
In reply to I have been married for 18 by Martha (not verified)
Hi Martha,
Hi Martha,
If you're over 50, you may be eligible for benefits based off of his work record if the benefits based on his work record would be more than what you would receive on your own work record.
I am married to my husband
I am married to my husband for more than 17 years , he applied for sosial dissability benefits but he left me and i tried to call his phone but he blocked me.
I have chronic RA and no place to go.
How can i Get help from my husband if his dissability benefits Get approve.
In reply to I am married to my husband by Lenra (not verified)
Hi Lenra,
Hi Lenra,
You could be able to qualify off of your husband's record since you have RA and you were married for over 10 years.
Also, since you have RA, you yourself could qualify for Social Security disability benefits. You can take our free disability evaluation here:https://www.disability-benefits-help.org/form/free-disability-evaluation
Hello! I am going through a
Hello! I am going through a divorce. My husband is on disability. Am I able to get alimony? We have been married for 27 years.
In reply to Hello! I am going through a by Sherri (not verified)
Hi Sherri,
Hi Sherri,
You might be able to get alimony, but I would recommend speaking with a an attorney regarding that.
I am currently receiving SSI,
I am currently receiving SSI, but my former spouse is receiving SSDI. I am over 50, and was married for 20 years.
I would receive more drawing from his record. Do I have to wait for retirement benefits?
In reply to I am currently receiving SSI, by Michelle (not verified)
Hi Michelle,
Hi Michelle,
You may not have to, it may be a good idea to contact the SSA regarding this.
Im filing for divorce im 44
Im filing for divorce im 44 and my is 39 im on disability and she doesn't work we would be married for 17 years is she entiled to spousal support
In reply to Im filing for divorce im 44 by James (not verified)
Hi James,
Hi James,
I really could not say, it would depend on the laws in your state regarding spousal support.
if my wife is no longer with
if my wife is no longer with me and she gets from my social security disability along with my daughter and tries to get public assistance in another state how will this affect me?
In reply to if my wife is no longer with by matthew (not verified)
Hi Matthew,
Hi Matthew,
It shouldn't affect your benefits, but with any specific questions, you should speak with someone at the SSA. 1-800-772-1213.
I'm on ssdi since 1997.
I'm on ssdi since 1997. Before I married. Got married. Was married for over ten years. My x husband is now getting ssdi. Can I collect on his? It's much higher then mine. I'm 49
In reply to I'm on ssdi since 1997. by Renee (not verified)
HI there,
HI there,
You may be able to do so under these conditions:
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 want to apply for the SSDI,
I want to apply for the SSDI, but I do not have the points under my social security, I was married for 15 years, I want to know if it is true that when I turn 50 I can apply for the SSDI using the benefits of my ex husband who would be 50% of his benefits, he is not dead and I never married again. At this moment I am 47 years old and if I could now qualify for SSI for Desibility because I am a divorced woman.
In reply to I want to apply for the SSDI, by Maritza (not verified)
Hi Maritza,
Hi Maritza,
You may be able to do so, it may be a good idea to contact your local SSA office.
I am 61 and receive SSDI. My
I am 61 and receive SSDI. My husband of 30 years and I are getting a divorce. As part of the community property split, I will be getting half of his government pension. Will this affect my benefits even though it has nothing to do with my earnings?
In reply to I am 61 and receive SSDI. My by Theresa (not verified)
Hi Theresa,
Hi Theresa,
I would recommend speaking to a SSA representative regarding that.
My questions is, i am getting
My questions is, i am getting divorced from my husband we've only been married 4 years, we have a child that is two and receives benefits because of him, I am keeping custody I wanted to know if I would be able to become her rep payee instead of him?
In reply to My questions is, i am getting by Rebecca (not verified)
Hi Rebecca,
Hi Rebecca,
You may be able to, but I would double check with the SSA just to be sure.
In reply to Hi Rebecca, by Eric
Hi Eric is there a way you
Hi Eric is there a way you could contact me
In reply to Hi Eric is there a way you by Lonnie McGinnist (not verified)
Hi Lonnie,
Hi Lonnie,
You can send an email to help@ssd-help.org
Hi. I am a 42 year old mother
Hi. I am a 42 year old mother of 3 young children in NY. My husband is 55, and just received disability payments of several thousands a month, and I work online making only 1k a month, and his personality has changed and our life goals are very different. I would obviously never be able to survive on what I am bringing in, which isn't even a relied on, stable amount like his. We are married for well over 10 years. I would like to know what I would be entitled to if our relationship does not work out, but I am trying, I just am not feeling the same anymore, and he's changed so much. I don't want to feel stuck and dependent over money. He is a good dad and I have no issues with sharing custody. I just need to know we'd be able to live. That is his only source of income, and he's waiting for bulk payments, but who knows how long that could take, I'M JUST SAYING IF, cause again, I don't like feeling like I need to stay here because I can't afford it. We live in his mom's home, so we don't even have our own home, which is a huge problem in the marriage and has added lots of stress and part of the issue here. Thanks!
In reply to Hi. I am a 42 year old mother by Gina (not verified)
Hi Gina,
Hi Gina,
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.
My ex-wife and I, we have to
My ex-wife and I, we have to children together. I have full custody of them, she was ordered to pay $247.00 a month in child support. That was in 2015, now her arears is up to $8000.00. Child support cant take out of her check, I want to know do you my children receive one.
In reply to My ex-wife and I, we have to by Lonnie McGinnnist (not verified)
Hi Lonnie,
Hi Lonnie,
If your ex-wife on either SSI/SSDI, your children may be able to qualify for auxiliary benefits.
If I am disabled can I
If I am disabled can I collect benefits under my ex-husband's Social Security disability?
In reply to If I am disabled can I by Michele vicaro (not verified)
Hi Michele,
Hi Michele,
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.
If I am on SSDI (I am 51 not
If I am on SSDI (I am 51 not remarried) can I collect extra under my ex husband SS he (he is 53) still works?
In reply to If I am on SSDI (I am 51 not by Heidi (not verified)
You can if 50% of your ex
You can if 50% of your ex husband's SSDI benefits are still higher than your own payments. You also must have been married for at least 10 years.
I am retired and disable. I
I am retired and disable. I was divorced 12 years. Can I collect anything from my ex husband benefits too?
In reply to I am retired and disable. I by Denise Davis (not verified)
Hi Denise,
Hi Denise,
You may be entitled to auxiliary benefits off of your ex husband's benefits.
My ex wife collected $1,200
My ex wife collected $1,200 in SSI benefits before we got married and continued to get them after we got married. We divorced after 6 years of marriage. Now she collects $1,620 in alimony from me. Does her alimony affect her SSI benefits?
In reply to My ex wife collected $1,200 by Mike (not verified)
Hi Mike,
Hi Mike,
I would recommend speaking with a SSA representative regarding that.
My husband and I were married
My husband and I were married for 20 years. We decided to get a divorce in 2011 and he became disabled at age 44 of the same year. Since 2011 I have had custody of our two children. One soon to be 18 and the other one is age 8. The two children receive benefits from his disability. I do know that once the oldest child graduates from High School that her benefit amount would be added to her little sisters benefit amount (so I still receive the same amount each month).
I never can understand this Divorced spouse clause. It seems like I should have been getting and should still get benefits from his disability as I am caring for a child under the age of 16 that is our child. I have not remarried. I am not on Social security. I just turned 52 in 2017.
I have a second question. I have always made more money than he has so my social security will be higher than his. Why would we be receiving his lower rate? Will we ever qualify for my rate as his disability is permanent?
In reply to My husband and I were married by Karen B (not verified)
Hi Karen,
Hi Karen,
Great question! Divorced spouses cannot receive benefits on behalf of minor children--those are typically for survivors of a deceased spouse or a currently married spouse. They're receiving benefits under his account, not yours, so that's why the payments are lower. You will not qualify for your rate unless you become disabled. You would become eligible for 50% of his benefits once you reach age 62, presuming you're unmarried.
My husband and I are
My husband and I are divorcing. I'm currently covered by his insurance at his company. When the divorce is final, I know about cobra which he as agreed to pay for. After 36 months of cobra though what are my options? I'm currently disabled and receiving ssdi.
In reply to My husband and I are by Lenn (not verified)
Hi Lenn,
Hi Lenn,
You may be eligible for Medicare, as people receiving SSDI for two years become eligible for Medicare.
i am 62 yrs of age, i was
i am 62 yrs of age, i was married for 26 yrs., been divorced for over two yrs now, and i am receiving SSI & SSA but together it's barely enough to live on. I applied for my ex-husbands soc.sec back in october of 2017 and am trying to find out the status of this claim. I spoke with someone from social security about a month ago and was told that they would request my marriage certificate & my divorce decree and that that's all they needed but i haven't heard anything more from them. I just want to know where i stand as of this date.
In reply to i am 62 yrs of age, i was by deena (not verified)
Hi Deena,
Hi Deena,
We could not say, as we're not affiliated with the SSA or the federal government. You may want to contact them at 1-800-772-1213.
I am on the process of
I am on the process of applying for disability. Problem is it's going to take a long time before I hear anything. I see a divorce in my near future. What do I do?
In reply to I am on the process of by Anonymous (not verified)
Hi there,
Hi there,
I'm sorry to hear about that!You may want to contact a disability advocate or attorney about your case, you can get in touch with one by filling out this form:
https://www.disability-benefits-help.org/form/free-disability-evaluation
I am receiving SS Disability
I am receiving SS Disability and am 58 years old. My ex-spouse is 59. Can I collect under his social security benefits for disability?
In reply to I am receiving SS Disability by Joanne (not verified)
Hi Joanne,
Hi Joanne,
You may be able to do so, it may be a good idea to contact the SSA regarding this, you can contact them at 1-800-772-1213.
I currently receive permanent
I currently receive permanent diability if I were to seperate from my spouse is she entitled to any of my disability?
In reply to I currently receive permanent by Mark (not verified)
Hi Mark,
Hi Mark,
If she was eligible for benefits based off of your work record, it would not mean that you would receive less money, she would receive that money in addition to the money that you already receive.
My husband and I are divorced
My husband and I are divorced he collects disability and our son receives a check from his disability I was wondering am I able to get one also we were married 30 years
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