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 Hello. I was married for by Brett (not verified)
Hi There,
Hi There,
You may want to talk to an attorney regarding that.
If are the mother and receive
If are the mother and receive disability for yourself and two child while getting divorced can the child part can be used to count in finding out how much child support that u receive from the father
In reply to If are the mother and receive by LAFRAN Stinchcomb (not verified)
Hi there,
Hi there,
Unfortunately Child Services decided that, not the SSA. It's possible some will go towards child support, but it's possible that none will.
My ex-husband receives social
My ex-husband receives social security disability benefits. We were married 22 years. I am receiving social security on my own record. I am age 55 and my ex-husband is 56. Can I receive More benefits if his benefits are more than mine and, if so, what do I do to receive those benefits?
In reply to My ex-husband receives social by michelle (not verified)
Hi There,
Hi There,
You are eligible right now for up to 50% of his benefits because you are disabled. You can make an appoint with your local SSA office to switch your benefits.
In reply to Hi There, by rsg
I was just on the phone with
I was just on the phone with a SSDI agent he told me that you have to be 62 years old to draw from your ex spouse so someone isnt accurate with their information. If you find out other please let me know.
Bigbillreaves@gmail.com thanks
I'm confused with the
I'm confused with the ssdi benefits when related to children. I have 2 children and it says you get the benefit until they are 18 if a student and the n it says you get it until 16. Which one is it?
In reply to I'm confused with the by Sherry (not verified)
Hi Sherry,
Hi Sherry,
Children who receive auxiliary benefits receive them until they are 18.
Hi my husband and are are at
Hi my husband and are are at this point just separated and his disability checks have not been changed into just his name yet e our separation just happened . Anyway my ? Is his checks have my name on them still can I withdraw money of of them to pay bills that he and I had when we were together we’ve were together 20 years so half the bills are his . So let’s say I have a bill that’s 600.00 can I take 300.00 of his check and pay it. ?? Hope I explained that ok?
In reply to Hi my husband and are are at by Mary (not verified)
Hi Mary,
Hi Mary,
I honestly cannot say. You might want to contact the SSA and ask.
So my 51 yr old husband is on
So my 51 yr old husband is on disability am I supposed to apply for benefits too? What if we divorce?
In reply to So my 51 yr old husband is on by Jenny (not verified)
Hi Jenny,
Hi Jenny,
If you and your husband divorce, you could still qualify for auxiliary benefits if you were married for at least 10 years.
Married 20years and I have
Married 20years and I have SSDI from my own work history. Since divorced (4yrs ago)I have not been able to afford to live in my own home due to financial reasons. I am currently living with my parents. I have looked for help and have not received very much. I have gotten help with medical and prescriptions but not anything else. I really need to find away to live on my own without having to find a job. I know I am unable to work a full day. Lost and have nowhere to go. I keep getting blocked by scams on the internet.
In reply to Married 20years and I have by Trina (not verified)
Hi Trina,
Hi Trina,
I am sorry to hear that. There are probably some local job boards that offer part time work. Wishing you nothing but the best.
I have been married 24 years
I have been married 24 years I am on disability I care for my disabled brother who has the mind of the three-year-old can I collect my ex-husband's Social Security I am 54 years old I get my Social Security and Medicaid he is also 54 and is still employed
In reply to I have been married 24 years by Rena (not verified)
Hi Rena,
Hi Rena,
You may be able to collect auxiliary benefits off his SSDI since you were married for over 10 years. I can't say for sure about is Medicaid though, I would recommend speaking with a Medicaid rep.
My spouse got disability 20
My spouse got disability 20 years ago when he claimed the kids and me as dependants.
Will this affect my own ssd now that we are divorcing?
In reply to My spouse got disability 20 by Camie Opulski (not verified)
Hi Camie,
Hi Camie,
If you are on SSDI based on your own record, it should not.
If I am recently remarried
If I am recently remarried and was married to my ex for 16 yrs and was a home maker for the last 10yrs of it,I have m.s. and disabled and two children by him I am 47 yrs old can I collect off his ssdi
In reply to If I am recently remarried by Liz (not verified)
Hi Liz,
Hi Liz,
You may be able to qualify off of his auxiliary benefits since you were married for over 10 years. You also could qualify for SSDI with MS. You can take our Free Disability Evaluation to find out if you could qualify:https://www.disability-benefits-help.org/form/free-disability-evaluation
I am disabled and getting SSI
I am disabled and getting SSI and was told that because my wifes now Ex-wifes earnings were more than mine that I can draw from her SS is this true and how do I do this or do you have a contact I can call
In reply to I am disabled and getting SSI by Bill (not verified)
Hi Bill,
Hi Bill,
You could be able to receive auxiliary benefits if you were married for over 10 years.
In reply to Hi Bill, by Eric
Hi Eric, thanks for your
Hi Eric, thanks for your reply what are auxiliary benefits and how would I proceed to file for them
In reply to Hi Eric, thanks for your by Bill (not verified)
No problem at all. Best of
No problem at all. Best of luck!
I am disabled and getting SSI
I am disabled and getting SSI and was told that because my wifes now Ex-wifes earnings were more than mine that I can draw from her SS is this true and how do I do this or do you have a contact I can call
In reply to I am disabled and getting SSI by Bill (not verified)
Hi Bill,
Hi Bill,
You may be able to. You can call the SSA's hotline at 1-800-772-1213 or visit your local SSA office.
My daughter & son-in-law
My daughter & son-in-law are divorcing. There are children under the age of 18 as a result of their union, and she will be the custodial parent. She works full time. He receives SSDI benefits, which is his only means of income. I have 2 questions: 1. Can she get child support from him for each of her children....2. Because he is receiving SSDI, is she responsible to pay for his support, even though she will be the custodial parent?
In reply to My daughter & son-in-law by Anne (not verified)
Hi Anne,
Hi Anne,
If someone is receiving SSDI benefits, they are still required to pay child support. You can also apply for auxiliary benefits for the children from his benefits.
I was married to my ex for 9
I was married to my ex for 9 years and 9 months but we lived together for 2.5 years before we married i am currently drawing SSDI HE passed away August 2015 can I draw off his social security he also was drawing SSDI HE WAS ONLY 54 WHEN HE PASSED I AM ALMOST 7 YEARS OLDER THAN HIM
In reply to I was married to my ex for 9 by Janice (not verified)
Hi Janice,
Hi Janice,
I am so sorry to hear that. You might be able to. Normally you have to be married for 10 years, but you might want to contact the SSA and see if there are any exceptions.
My husband and I have been
My husband and I have been seperated 12 y.I receive SSDI on my own work.Can he get my benefits.He is 60 and trying to file Iam 59.I want to file for divorce .How will this affect me.
In reply to My husband and I have been by E Thomas (not verified)
Hi There,
Hi There,
He could be able to get to receive divorced spousal benefits if you were married for over 10 years.
My husband and I are both 50.
My husband and I are both 50. He received ssdi and I work from home. He has filed for divorce. Am I eligible to receive any of his ssdi? He receives 2122 a month. I make roughly 600 a month. Our youngest will graduate in May. Not needing child support for him.
In reply to My husband and I are both 50. by Duana (not verified)
Hi Duana,
Hi Duana,
It's possible if you were married for over 10 years and since you are 50 and have SSDI on your record.
I am divorced 2x. 1st time we
I am divorced 2x. 1st time we were married a little over 10 years, 2nd time that husband and I were married about 12 years. 1st husband and I both receive Disability checks now, I receive SSDI and SSI. My 1st ex husband receives a larger amount of only SSDI no SSI. I am 57 he is 63, my question is do I have to be 62 to able to draw off ex husband #1's Social Security? Someone told me if he is disable I can draw off him now. But that person doesn't work for Social Security, just putting her two cents in, is she wrong/right? Also, husband #2 is finally able to hold a job down and makes good income, but he is 51 years old. If I have to wait untl I turn 62 years old can I draw off either ex spouse that draws the highest amount? Thanks
In reply to I am divorced 2x. 1st time we by Lucy M. (not verified)
Hi Lucy,
Hi Lucy,
You can draw off an ex-spouse at any time as long as you had been married for at least 10 years and you are not remarried. You can call the SSA at 1-800-772-1213 for more specific information about your situation.
Hi. My husband recieves
Hi. My husband recieves disability and my 14 yr old son gets a benefit. We are in the process of getting divorced. Is my son still eligible for the benefit he has been getting for the last 4 years?
In reply to Hi. My husband recieves by Joy (not verified)
Hi Joy,
Hi Joy,
Your son should still receive the benefits.
If i get disable at age 57
If i get disable at age 57 and i am divirce do i get some of my ex husbands social security checks
In reply to If i get disable at age 57 by Anonymous (not verified)
Hi There,
Hi There,
It's possible if you were married for over 10 years.
If I’m divorcing and have
If I’m divorcing and have debt in only my name and my spouse is in SSDI when I file bankruptcy after the divorce is he immune from creditors of mine trying to take his disability benefits?
In reply to If I’m divorcing and have by Lauri Halterman (not verified)
Hi Lauri,
Hi Lauri,
I am sorry to hear that. I really can't give you an accurate answer on that. You may want to talk to a SSA representative regarding that.
I am receiving as disability
I am receiving as disability under my own work history, can I change it to go off my spouses work history
Hi, I am 57, on disability
Hi, I am 57, on disability and divorced for 2 yrs from a 14 year marriage. Can I collect on my ex husband's social security? He is 57 years old also.
In reply to Hi, I am 57, on disability by Georgia (not verified)
Hi Georgia,
Hi Georgia,
Yes, it's possible since you are on SSDI and you were married for over 10 years.
I have been married for over
I have been married for over 10 years and was divorced last year. Both are on SSD.I am wanting to know if I can draw off his . I am 62 and he is 63. Neither of us are remarried.
In reply to I have been married for over by Sharon (not verified)
Hi Sharon,
Hi Sharon,
It's possible, since you were married for over 10 years. You may want to speak with a SSA rep just to double check. 1-800-772-1213.
I am recently divorced and my
I am recently divorced and my now ex-husband is going to be applying for social security disability benefits. If he receives benefits (he is only 49 years old, I am 48 years old), am I entitled to part of those SSDI benefits?
In reply to I am recently divorced and my by Johanna (not verified)
Hi Johanna,
Hi Johanna,
You have to be over the age of 62 to receive auxiliary benefits when divorced.
I was married to my ex
I was married to my ex-husband for 10 1/2 years. He was on Social Security disability and remarried 2 months before he died.
QUESTION: I'm over 50 years old, not married and recently became disabled. My question is can I collect disability under his Social Security account?
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