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 Hi there, by Deanna
How about if 1 child age 13
How about if 1 child age 13 lives with mom and 1 child age 15 lives with dad. Both parents are on SSDI, who receives the child benefits. I thought 1 parent would get 1/2 and the other 1/2, but per SSA they said only 1 parent will get the money and they will determine that and let us know.
In reply to How about if 1 child age 13 by KimS (not verified)
Hi Kim,
Hi Kim,
Generally divorce laws may vary by state and that would help determine who gets awarded payee status for benefits. Since both parents are on disability benefits, they might apply for one child each under their own benefits.
I receive social security
I receive social security disability. My child has been receiving si since age 18 can she receive benefits from my social security also?
In reply to I receive social security by Terri (not verified)
Definitely! You'll just need
Definitely! You'll just need to call the SSA at 1-800-772-1213 to get that sorted or schedule an appointment at your local office.
In reply to I receive social security by Terri (not verified)
I am on ssi and was when I
I am on ssi and was when I married my husband we are getting divorsed. My ssi is way below his income also he has a 401k I lost my housing certification when we married . Is my husband responsible for any financial obligation because I would be placed in a care facility without the obillity to pay for my up keep . He knew if we married I would lose my housing there most be a way that he would have to keep me in the way I was when he met me . I would be homeless that doesn't seem right I should be in titled to a portion of the marital assets thank you
In reply to I am on ssi and was when I by Kolleen Meyer (not verified)
Hi Kolleen,
Hi Kolleen,
I think you might want to update the SSA on your marital status, as they calculate benefits based on combined income and resources for married couples. Because you are divorcing, you may have an increase in benefits after you do. Their number is 1-800-772-1213
I am getting SSD for me and
I am getting SSD for me and my 8 yr old son. I got divorced and he remarried Oct. 31, 2015. Can I get Social Security benefits from his retirement for me or my son? We were married almost 8yrs and I have full custody of my son. I have not and will not remarry.
In reply to I am getting SSD for me and by Tracy S. (not verified)
Hi Tracy,
Hi Tracy,
Yes to your son, but not for you because you were married for less than 10 years. Once your son turns 18 he will not be eligible.
In reply to I am getting SSD for me and by Tracy S. (not verified)
Why would you be entitled to
Why would you be entitled to his benefits once you are divorced? Child Support yes, but anything extra No. You get divorced money from your partner is gone through social security,
In reply to Why would you be entitled to by DONT MATTER (not verified)
Hi Dont Matter,
Hi Dont Matter,
We're not really sure why, but as far as his benefits are concerned, they don't change if his ex-spouse qualifies for his benefits.
My friend is legally
My friend is legally seperated, his wife and he both live in seperate homes, he pays her support, she is on SSDI, is she able to get government medical assistance for heself along with help with paying prescriptions
In reply to My friend is legally by Lynda Kirk (not verified)
Hi Lynda,
Hi Lynda,
If she is on SSDI then she should be eligible for Medicaid soon, typically 2 years from the date at which your disability began.
My exhusband is receiving
My exhusband is receiving disability benefits. We have joint custody of our minor child and he is receiving auxillary benefits for her since she has been living primarily with him. She is about to move in with me full time. Who is entitled to the benefits he receives for her?
In reply to My exhusband is receiving by Kimberly (not verified)
Hi Kimberly,
Hi Kimberly,
You could be eligible for the payments, but you will need to go to your local SSA office to fill out the paperwork to become the official payee.
I get ssdi and also money for
I get ssdi and also money for my daughter, I'm getting divorced and I was wondering what happens to the money for her , I get her money and split it with her mom is that the right thing .??
In reply to I get ssdi and also money for by aniello (not verified)
Hi Aniello,
Hi Aniello,
This is really up to you. The SSA will not split the funds between two accounts. But if you are splitting the care of the child, the responsible thing to do would be to pay her mom some of the benefits you receive to take care of your daughter.
My husband wants a divorce we
My husband wants a divorce we both get ssdi my check is 400 his it's 2100 there is no way I can survive on 400 a month is there any way I can ask for alimony we have been married 17 years
In reply to My husband wants a divorce we by Carol (not verified)
Hi Carol,
Hi Carol,
I am really not experienced with alimony, but you could be eligible for 50% of his benefits, which is significantly higher than what you earn right now. If you are over the age of 50, you can receive up to half of his payments. This will not affect his benefits. You are able to receive these benefits at age 50 instead of age 62 because you are disabled, and you were married for at least 10 years. Best of luck!
My ex and I were married for
My ex and I were married for over 25 yrs. We were divorced and I became disabled two years after. I currently receive ssdi I am 59 yrs old. He is 60 and works full time and healthy. Would I or should I be collecting ssdi from his income which has always been far greater then mine. We do have two sons but they are adults 30 and 33 yrs old, so they don't fall into any guidelines from what I can tell. Thank you for your information and assistance with this, as I don't receive that much in ssdi payments, I worked 30 yrs but in low paying career.
In reply to My ex and I were married for by Carolyn (not verified)
Hi Carolyn,
Hi Carolyn,
You may be eligible to receive benefits based off of your ex-spouse's work record under certain circumstances. I would contact the SSA to see if you qualify.
my mom receives ssdi from her
my mom receives ssdi from her past work. My dad and her were married 11 years neither remarried. My dad receives $400 in ssi benefits. Can he receive auxiliary benefits from my moms ssdi? if yes, how does he apply for them? What form? Will my moms benefits be effected?
In reply to my mom receives ssdi from her by laura (not verified)
Hi Laura
Hi Laura
If he meets the eligibility requirements for auxiliary benefits, he may be able to. I would contact the SSA at 1-800-772-1213 or go to www.ssa.gov for any forms he would need.
If lm divorce wich I started
If lm divorce wich I started can I still receive my ssdi and still living in the same house hold my ex only gets VA benefits witch is 1072 only from VA disability that is his only income
In reply to If lm divorce wich I started by Kimberlin Dibble (not verified)
Hi Kimberlin,
Hi Kimberlin,
The VA and SSA are separate agencies, you may be able to recieve SSDI if you are eligible for it.
My ex-husband has been
My ex-husband has been approved for disability. He has applied for auxiliary benefits for our children and they were approved. We have joint custody. He tells me that he can not be the payee due to being on probation. He said that I have to be the payee in order for him to receive these benefits. He's asked me to open a combined checking account with him for the check to be deposited so he can have access to the funds. He said he's filling out the paper work and all I need to do is call and setup a checking account for the money to be deposited in to. This makes no sense to me. Why can't he or another family member of his be the payee?
In reply to My ex-husband has been by Jill (not verified)
Hi Jill,
Hi Jill,
Your ex-husband may still be able to be the payee if he is a custodial parent, even if he is on probation. Additionally, another family member can absolutely be a payee.
I was not married 10 years
I was not married 10 years before the divorce preceedings began but by the time they were finalized I had hit the 10 year mark. If we were legally married 10 years but only lived together as man and wife for five of those years does she still qualify for benefits from me if I am indeed awarded anything? She has been living with another man but not married since the day we split up. We didnt get a divorce sooner due to financial issues.
In reply to I was not married 10 years by Daymen (not verified)
Hi Daymen,
Hi Daymen,
if you've been divorced for less than two years and she has not remarried, then she may be eligible for auxillary benefits.
My parents recently got
My parents recently got divorced after being married for 25+ years. My dad is 68 and my mom is 60. My dad received disability in 2007 for medical issues. He, my mom, and little sister all received a payback including benefits. Now that they are divorced, my mom has applied for disability. Will my dad be entitled to her half/some of her benefits if she gets awarded disability? She applied 20 years ago herself but was denied because my dad made too much money at that time. Would the children (at that time she applied) be getting payback?
In reply to My parents recently got by Shawna (not verified)
Hi Shawna,
Hi Shawna,
Your father may be eligible for auxiliary benefits, however if he is receiving SSDI benefits now and they are more than what he would get in auxiliary benefits, he may not be. If your mother's children were listed on the most recent application and they are eligible, they may be able to receive auxiliary benefits.
My Ex and I have a son
My Ex and I have a son together with a disability. She is now going for disability for him. Can she do this w/o my consent? I will add that we share 50/50 medical custody. But I am not the primary of physical but I do have him every other week. Is she entitled to this disability money????
In reply to My Ex and I have a son by Neil (not verified)
Hi Neil,
Hi Neil,
Your ex may not be not entitled to that money, but your child may be.
SSI benefits for children have limits as to what the representative payee can use the money for, and it is intended to be used only for the child themselves. I would contact the SSA for some more information about this, their number is 1-800-772-1213
Why do I have to wait two
Why do I have to wait two years after my divorce in order to collect my ex's retirement?
In reply to Why do I have to wait two by Ltb3105 (not verified)
Hi,
Hi,
You do not. You may be eligible for Divorced spousal benefits if you were married less than two years ago, have not remarried, and are not entitled to a larger payment from the SSA.
In reply to Hi, by Bryan
Nope, since I was married
Nope, since I was married over 10 years and got my divorce Dec. 2015, SS told me I have to wait two years, although my disabled son started getting benefits right away.
In reply to Nope, since I was married by Laura (not verified)
Hi Laura,
Hi Laura,
you would also need to be over 62 to be eligible for benefits based off of your ex's work record.
My ex husband recently
My ex husband recently retired this January. My disabled son's disability payments stopped and now he is getting more money from my ex's SS. If my ex were to find a job and he stopped SS payments or they were taken away, would my son's payments revert back to the amount he was getting from disability?
Hi, my brother is on ssdi,
Hi, my brother is on ssdi, and has a son he has been caring for all the child's life. The child also gets benefits. My brother just found out that his son is NOT his biological son. While he still plans to be their for the child, he is planning on sending him to live with his mother full time. The question is will the child still receive my brothers benefits?
In reply to Hi, my brother is on ssdi, by Dee (not verified)
Hi Dee,
Hi Dee,
If that child is a dependent of your brother's and he is legally the child's father, that child may still be able to continue receiving benefits
my aunt and her boyfriend
my aunt and her boyfriend wants to get married but they both are on ss. I believe one is ssdi and the other ssi. will marrying each thier affect their benefits
In reply to my aunt and her boyfriend by Diana (not verified)
Hi Diana,
Hi Diana,
SSDI benefits do not change after marriage for people receiving benefits based on their own work records. However, SSI is subject to income limits and if they make over $1,100 combined, the one receiving SSI benefits may have their benefits change.
My ex-husband receives
My ex-husband receives benefits and we share a minor together..16 yrs old. He is currently in the arrears with child support. Is my son eligible to receive benefits from his dad benefits
In reply to My ex-husband receives by Diana (not verified)
Hi Diana,
Hi Diana,
Your son may still be eligible for benefits from his father regardless of his payment status for child support, however if your ex-husband is receiving SSDI benefits he may have those benefits garnished because of the child support he owes.
My fiance has two children,
My fiance has two children, one loves with him, the other loves with the mom. The mom is getting back pay and monthly checks and states that the money of the minor that lives with him is getting the back pay and the monthly checks in his account, not my fiance. Is this true?
In reply to My fiance has two children, by Danelle (not verified)
Hi Danelle,
Hi Danelle,
I'm not entirely sure what form of disability benefits that the mother is getting, but if either of the children are receiving SSI benefits based on a disability that they have, the SSI benefits and back pay would go to the child in an account in their name, where the funds are intended to be used for the care of the child.
Hi, my girlfriend is going
Hi, my girlfriend is going through another divorce. She divorced her first husband after 30 years. She is thinking she will be able to get the first husband's SS benefits when he retires. I told her she lost those rights once she remarried so I don't think she would be able to collect from her first husband's retirement benefits just because she divorces the second husband. Am I right?
In reply to Hi, my girlfriend is going by Laura B. (not verified)
Hi Laura,
Hi Laura,
That is correct, your friend would not be eligible for her first husband's SSDI because she was remarried.
My ex husband and I live in
My ex husband and I live in the same household in CT and I am moving to CA and he is moving with me because neither one of us can afford to live on our own. In CA will they fight his SSI payments because we are ex spouses?
In reply to My ex husband and I live in by Andrea (not verified)
Hi Andrea,
Hi Andrea,
if your ex husband is already on SSI, he'll still be able to get SSI in California, as SSI is a federal program rather than a state-run program.
My ex and I have been
My ex and I have been separated for 20+ years but did not divorce. I'm 52 and I'm in appeals with SSDI and he is on SSDI/SSA. Do I qualify for his benefits?
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