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.
Back to top
Blog comments
In reply to My husband and I are divorced by Laraine (not verified)
Hi Laraine,
Hi Laraine,
You may be able to 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.
I am under 50 years old and
I am under 50 years old and have filed for divorce. My spouse receives ssdi. We were married over 20 years. My spouse soon to be ex spouse receives a large check for disability where as I work and make under 1/3 of what he makes. We currently have a dependent on who receives a check. My questions are as follows: after the divorce will I receive part of his ssdi check?
Also, what happens when the check for the dependent is not going to the dependent. We no longer live with my future ex-spouse and he will not provide the check or any money for our child, in fact he refuses to report the change. Will he be held accountable for taking that money and not providing for his child?
In reply to I am under 50 years old and by Tasha (not verified)
Hi Tasha,
Hi Tasha,
You may not be able to receive a portion of his benefits, however your children would still be eligible for benefits based off of your ex's work record. You may want to contact the SSA regarding the benefits.
My husband is legally blind
My husband is legally blind and gets SS for himself and our 2 kids. We’re getting divorced and I will be the custodial parent and was told my our children’s benefits will come to me is that info correct?
In reply to My husband is legally blind by Julie (not verified)
H Julie,
H Julie,
We are not affiliated with the SSA or the federal government, so I cannot confirm that, however you may want to contact the SSA regarding that as they can make sure that is the case.
My question is I applied for
My question is I applied for SSDi in 2016 after working 27 years I am 49 years old. I now waiting on decision to see if I got approved. In Dec of 2017 my ex husband got killed in car accident. We were married 12 years. I never remarried he did 4 year ago. He was stilled employed when died. He worked past 30 years. His salary was 2x more than mine. Can i collect off his earnigs since he is deceased even though he was still working and not collecting any benefits himself?
In reply to My question is I applied for by Kelly (not verified)
Hi Kelly,
Hi Kelly,
You may be able to do so after age 50, however you may want to contact the SSA regarding that.
My wife of 10 years wants a
My wife of 10 years wants a divorce. I am currently on SS disability (and always will be) and I am 59 years old. My monthly payment is $1800 per month. But two years ago I won my case and was sent about 30k. Can she touch any of that 30k.
Thank you.
In reply to My wife of 10 years wants a by Craig Haws (not verified)
Hi Craig,
Hi Craig,
Generally disability benefits are not able to be garnished, however you may still be subject to any obligations that you make during the divorce.
I started receiving my social
I started receiving my social security Disibility before my divorce. I am 56 and my ex husband is 55. Can I get more social security Disibility by using his also? We were married for 18 years.
In reply to I started receiving my social by Corena Avery (not verified)
Hi Corena,
Hi Corena,
You may be able to qualify for auxiliary benefits.
No one ever let me know. Two
No one ever let me know. Two children were eligible for survivors benefits. Is it to late for back.benefits
In reply to No one ever let me know. Two by Anonymous (not verified)
Hi There,
Hi There,
If they are still under 18, they may be able to still qualify.
My ex died in 2012. He was
My ex died in 2012. He was retired military and was receiving Social Security disability at the time of his death. We were married for 30 yrs. I have not remarried. Am I correct that I can start drawing his SS benefits when I turn 60?
In reply to My ex died in 2012. He was by Lesa Trimble (not verified)
Hi There,
Hi There,
I am so sorry to hear that. You may want to double check with the SSA regarding that.
I'm 61 years old I draw
I'm 61 years old I draw ssdi and my husband draws ssdi and I'm his caretaker. We been married 35 years no children no property and I want to know where I go to find out if we or one of us would benefit from a divorce? And can we file for a seperation and still receive benefits and me stay his caretaker because he doesn't trust anyone and I want to stay his caretaker. Is this finacially feasible?
In reply to I'm 61 years old I draw by Jo (not verified)
HI Jo,
HI Jo,
I really could not say, you may want to consult the divorce and family laws in your state, as they can vary by state.
I HAVE BEEN MARRIED FOR 30
I HAVE BEEN MARRIED FOR 30 YRS. I AM 55 YRS OLD AND COLLECTING SSD IF I WAS TO GET DIVORCE IS SHE ENTITLED TO HALF MY SSD. MY KIDS ARE GROWN
In reply to I HAVE BEEN MARRIED FOR 30 by DAN (not verified)
Hi Dan,
Hi Dan,
Your SSD is based on your own record, so it shouldn't.
If I end up on SSDI, and am
If I end up on SSDI, and am under 62 will get any of my exhusband's (of more than 10 years, and I'm unmarried) MUCH higher social security benefit? If not will I get some after age 62? Also, what if I am ineligible for SSDI, but am eligible to SSI - same 2 questions, please. Thank you.
In reply to If I end up on SSDI, and am by t (not verified)
Hi there,
Hi there,
You may be eligible for that, and if you are ineligible for SSDI on your own work record, you may receive it based on your ex-husband's work record.
Married when awarded ssdi. I
Married when awarded ssdi. I am noe divorced after 20 years of marriage. My ex is still working. Am I eligible for an award based off of his salary. He makes much more than twice what I ever did even when I was working
In reply to Married when awarded ssdi. I by Denise (not verified)
Hi Denise,
Hi Denise,
It's possible you could receive some settlement from your divorce without it affected your SSDI.
Making sure I understand. I
Making sure I understand. I currently recv my disability since my current diagnosed stage 2 lung cancer. I was married 21 yrs i have not remarried. Do I need to wait until I'm 62 to draw off my ex-husband. This all confuses me. I am currently turning 59 next month and I just got approved I think June 2017. Thanks
In reply to Making sure I understand. I by Diane Hogan (not verified)
Hi Diane,
Hi Diane,
You may be eligible for benefits based off of your ex 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.
Was married 13 years and have
Was married 13 years and have now been divorced about 8 yrs. Qualified for ssdi,...2 years ago at age 49 with ex spouse 8 years older then myself,.. And still working . His SS. Would be I believe much higher then my 1100 monthly income,... How much do I qualify for his earnings,.. Over mine,..?? And to what age can I file on his?? Also what percentage would I gain?? Thank you
In reply to Was married 13 years and have by Linda Fowler Khalaf (not verified)
Hi Linda,
Hi Linda,
You may be eligible to receive benefits on your ex's work record if:
You may be eligible for benefits based off of your ex 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 collecting SSD can I
If I am collecting SSD can I also collect my deceased ex spouse's ss?
In reply to If I am collecting SSD can I by Cathy (not verified)
Hi Cathy, You may be able to
Hi Cathy, You may be able to receive benefits based on your deceased ex spouse's work record, however you may want to contact the SSA regarding this, you can call them at 1-800-772-1213.
Father going through a
Father going through a divorce but wants to apple for ssi. He is currently married but going through a divorce. They were only married a year. Will she be able to get anything from him?
In reply to Father going through a by Naty (not verified)
Hi Naty,
Hi Naty,
While disability benefits are generally unable to be garnished, your father would be obligated to fulfill any agreements made during his divorce.
My ex-husband was deemed
My ex-husband was deemed disabled in 2017. We have children together whom live with me. I receive a monthly payment from his disability benefit for the children. Do I have to claim that on my tax return? I currently work full time.
In reply to My ex-husband was deemed by Julie (not verified)
HI Julie,
HI Julie,
You may not need to if it is considered income on his part, you may want to contact the SSA regarding this.
My now husband's ex wife
My now husband's ex wife collects his SSDI auxilliary benefits. Yes, they were married 12 years but legally separated for 3. She also collects SSI. Does this mean, as his now wife am (pardon my words) screwed and will never be entitled to anything? I can promise u she will likely not remarry so she can keep thesebenefits
In reply to My now husband's ex wife by Celia (not verified)
Hi Celia,
Hi Celia,
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.
I’m 56 & filing for
I’m 56 & filing for disability. I’ve worked all my life but I was wondering if I can collect off my x since his would be much higher & ive never remarried. We were married 12 years
In reply to I’m 56 & filing for by Patti (not verified)
Hi Patti,
Hi Patti,
You may be able to do so 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 my ex wife is the payee
If my ex wife is the payee for my daughter and my daughter receiving SSDI can her boyfriend claim my child as a dependent and and does my ex-wife have to show his income?
We have joint custody, and she don't work. Also she does not use all the money on my daughter like she is supposed to.
Thank you
In reply to If my ex wife is the payee by David Huennekens (not verified)
HI David,
HI David,
I could not really say how or who could claim your daughter as a dependent, as we are not specialists on taxes and as such we most likely would not be the best source of this information.
I’m on SSDI and getting a
I’m on SSDI and getting a divorce my Daughter is receiving benefits of $850 a month doi still pay child support
In reply to I’m on SSDI and getting a by Anonymous (not verified)
Hi there,
Hi there,
You may still be obligated to do so based on any agreements you make iduring your divorce.
I was married when I started
I was married when I started receiving SSDI we was married for 25 years can I go off his work amount and get more based off his work history?
In reply to I was married when I started by Susan (not verified)
You may be able to do so if:
You may be able to do so 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 your husband filled for
If your husband filled for ssdi and you have been married for 17 years and he gets $60,000 back pay am i entiled to half of that
In reply to If your husband filled for by Joan (not verified)
Hi Joan,
Hi Joan,
I really could not say as the laws on how property is divided in a marriage can vary from state to state.
I get disability and 55. And
I get disability and 55. And divorce my ex get disability and i think retired so him getting social society can i get bennefits for me.
In reply to I get disability and 55. And by Linda (not verified)
Hi Linda,
Hi Linda,
It's possible, you may want to speak with someone at the SSA regarding that.
If my ex husband is only 48
If my ex husband is only 48 years old and we were married under a year, am I entitled to any of his disability check. He just went to court, however when he applied for his disability benefits was almost four years ago. Am I entitled to some money from his retro or will it all go to his child by another ex wife.
In reply to If my ex husband is only 48 by ZH (not verified)
Hi There,
Hi There,
It's tough to say for sure, but you may want to speak with a SSA representative regarding that.
Hello. I was married for
Hello. I was married for 20yrs. I am on disability. We are separated at this time She receives half my pension and is asking for half of my disability. She currently does not work and has filed for disability herself ?. I’m trying to find out if she can get half of my disability check ?
Add new comment