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 Henry, by Bryan
So she would draw off of me
So she would draw off of me and the check she draws off her mother would be stopped ??
In reply to So she would draw off of me by henry lee (not verified)
Hi Henry,
Hi Henry,
The child would receive just one of the benefit she is entitled to, whichever is higher.
If u can collect ur own ssd
If u can collect ur own ssd can you also claim from exhusbands too. I thought disability was on your own work earnings if you worked.
In reply to If u can collect ur own ssd by Anonymous (not verified)
hi There,
hi There,
Yes, it is based off of your work record, but if you are married or were married then there are circumstances where you may be entitled to benefits based off of your ex's work record.
Hi. My ex husband and I were
Hi. My ex husband and I were married 10 years. We divorced almost 4 years ago. 3 of those years I have supported our two children myself with no help from him. The first year he had our son and I had our daughter. I still have both kids. He is finally going to be getting ssdi benefits and his mother tells me I will get a check every month for our kids. (Ages 6&14) is this true and if so how much? Also when we divorced I got full legal custody and we got shared physical custody. He was suppose support our son while I did our daughter then swap kids every other weekend. This didn't even last a full year before I had to take our son due to his extreme drug addiction. He has not supported or hardly seen kids past 3 years but we never went back to court to change custody agreement. I didn't think it was a necessary step since he never wanted to take kids or support them. Will this affect anything?? It's been difficult supporting both kids on my own with no help so if he is finally able to help with these checks it will be a bit easier.
In reply to Hi. My ex husband and I were by Michelle (not verified)
Hi Michelle,
Hi Michelle,
Your children may still be eligible for benefits from their father's account regardless of their custody status.
Is there any way I can
Is there any way I can qualify for SSDI based on my ex-husbands earnings?
In reply to Is there any way I can by Carol (not verified)
Hi Carol,
Hi Carol,
Yes you can. If you're disabled yourself and age 50 or older, or age 62 and older, you could qualify for 50% of his SSDI benefits. Keep in mind that you cannot remarry to qualify for these auxiliary benefits.
I was married for more than
I was married for more than 33 years. My ex divorced me and married the same day to another. I remarried 2-3 years later hiwever stayed with him for 5 days and divorce took over a year. So the ex husband is receiving a very large social security disability check that Larry of the pay includes 10 years while we wee married. The question is: am I entitled to a portion of that pay, only for the time we wermarried is what I'm asking. He took everything else, just wondering? Oh by the way, I Adm currently unmarried. He will be receiving this pay I just found out in a matter of days. Please help to see if I need to do anything.
In reply to I was married for more than by Patty Chism (not verified)
Hi Patty,
Hi Patty,
First off, you need to be over age 62 to receive a portion of his SSDI benefits. I believe that yes you could, but only because you are now divorced. You cannot be remarried and receiving benefits on behalf of an ex spouse.
My ex husband is receiving
My ex husband is receiving Social Security payment for himself (over 62) and he is also receiving them for our son who is 14 and has been receiving that for the past 6 years. We divorced 10 years ago and on out decree it states that I am the primary physical custodian and I do have the child more days during the month while his dad keeps him while Im working (I work 12 days a month). Can he collect this when the child primarily lives with me? He stopped paying child support about 8 years ago, our child is 14. In his motion to modify our custody arrangement, he is asking to be primary custodian and im to pay child support (it has not been formally decided by the judge at this time.) Can he do this? How come I didnt get at least half since I had him 60% of the time? I brought this up to the SS office and the Attorney General was listed as a party to our Modification of Child custody and said they are investigating.
In reply to My ex husband is receiving by Melissa (not verified)
Hi Melissa,
Hi Melissa,
You can actually receive ADDITIONAL benefits because you are taking care of a child under the age of 16! You can also go to your local SSA office and file the paperwork to receive his benefits because you are taking care of him most of the time.
I have a disability. Can I
I have a disability. Can I receive social security before age 62 from my divorce spouse. We were married for 25 years. I am 59 and will be 60 in October. I have not remarried.
In reply to I have a disability. Can I by Brenda (not verified)
You can indeed, but you must
You can indeed, but you must have a disability recognized by the SSA. This usually means you'll need to apply yourself and either quality, or be disqualified due to technical reasons (either not working enough or having too much income to earn SSI)
I am 35 and caring for 3
I am 35 and caring for 3 children. My husband filed for SSDI 2 years ago. Due to recent marital problems, a divorce may be filed before he is approved or begins receiving checks. Since the process was started during marriage, do those assets have to split even if divorce occurs?
In reply to I am 35 and caring for 3 by Dee (not verified)
Hi Dee,
Hi Dee,
I do not believe so. He should be entitled to his own SSDI benefits, as they were earned under his record to begin with. This may be something that's handled by a divorce court though.
I work and I'm 56 year
I work and I'm 56 year old and was married for 23 years am I entitled to my exhusband disability benefits?
In reply to I work and I'm 56 year by Janice (not verified)
Hi Janice,
Hi Janice,
You may not be, you would have to satisfy these criteria:
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.
Hi ,I receive ssd I've
Hi ,I receive ssd I've been separated and hound to get divorce my paymen is higher than hers, we also have a 14 year old daughter and 17 almost 18 years old son they receive payment too, how does my benefit get affected? We been married for 20 years
In reply to Hi ,I receive ssd I've by Bob (not verified)
Hi Bob,
Hi Bob,
You and your children's benefits may not be affected by the divorce, however unless they are over 62 your spouse may not be eligible for benefits based off of your account.
I receive SSD for my legal
I receive SSD for my legal blindness. My daughter gets benefits as my dependent. Sadly I am getting divorced. Mu wife has daughter's benefits comte
To her as law says it cannot be in my name. After divorce, if I have my daughter half or more of the time, how will her payments work if I no longer desire them to go to my ex? Very little availanle info on this!
In reply to I receive SSD for my legal by Jeffrey (not verified)
Hi Jeffrey,
Hi Jeffrey,
You can contact the SSA and have them assign a representative payee for your child that would not be your wife.
In reply to Hi Jeffrey, by Bryan
Will my ex have anything to
Will my ex have anything to do with this money? We will both have jojnt legal custody. My daughter gets thd payments off of my work record. But since it is for my daughter's care, will thd ex havr rights to decisions with it?
In reply to Will my ex have anything to by Jeffrey (not verified)
Hi Jeffrey,
Hi Jeffrey,
If your ex is your child's representative payee, then yes, she would have say in how the money is spent.
I get a disability check,my
I get a disability check,my husband is drawing a retirement check plus works a full time job. If we divorce will he have to continue paying my medical insurance? We've been married for 13 years
In reply to I get a disability check,my by Bonnie Sue (not verified)
Hi Bonnie Sue,
Hi Bonnie Sue,
That would really depend on what type of divorce laws your state has.
My x husband is receiving a
My x husband is receiving a disability check each month. He will also be receiving a $400.00 payment from my vrs retirement as issued in our divorce. Will this additional income affect his disability payment?
In reply to My x husband is receiving a by Patricia (not verified)
Hi Patricia,
Hi Patricia,
If your ex is getting SSDI, then it may not affect his payments. If he is getting SSI benefits, then that payment may affect his disability benefits.
Im legally still married bu
Im legally still married bu havent lived together in many yrs. Im on ssi and my husband will be getting ss in jan 2017. Can i collect more from him? Hes also in another state than me.
In reply to Im legally still married bu by Carol (not verified)
Hi Carol,
Hi Carol,
If you're over 50, you may be able to collect benefits off of his work record. Additionally, you may qualify for benefits based off of his work record after divorcing as well.
My ex husband has filed for
My ex husband has filed for disability benefits and was awarded. He has listed our 14 year old son (who he relinquished his parental rights). Can our son receive benefits from him even though he relinquished parental rights?
In reply to My ex husband has filed for by Georgia (not verified)
Hi Georgia,
Hi Georgia,
Generally, a child may be eligible if they would be able to inherit property from the parent, so he may be able to list him on his application.
My xhusband is on
My xhusband is on SSdisability. We were married for 2 years. I understand that I do no qualify for his benefits. We have a child together who is 10. I understand that our child will receive benefits. I also understand that I may qualify for mother caring for child auxilary benefits. How does this benefit impact the amount that the child will receive? Would it be better to just allow the child to be awarded full family benefits or is the auxilary benefits above and beyond the family benefits?
In reply to My xhusband is on by Jamie (not verified)
Hi Jamie,
Hi Jamie,
Auxiliary benefits are the same as family benefits. Your benefits may not change his benefit amount at all.
My husband is disabled and
My husband is disabled and receives benefits for himself and our 2 kids. When we divorce will he receive their auxiliary benefits if he doesn't have primary custody?
In reply to My husband is disabled and by kari (not verified)
Hi Kari,
Hi Kari,
He may be able to receive their benefits,but you both can assign a representative payee by contacting the SSA.
I went out of work on
I went out of work on disbility. They arraigned for me to get social security. I tried Mass Rehab and the Ticket to ride package but I couldn't work. I worked 6 months. Shouldn't my SS payment have been calculated from that last quarter? I know kids that only worked 3 months of there lives and are getting triple what I am? I worked my whole life?
In reply to I went out of work on by Barbara (not verified)
Hi Barbara,
Hi Barbara,
Your payments into Social Security from your time in the ticket to work program may not apply to your benefits if you are receiving SSI.
My husband gets ssdi. I get a
My husband gets ssdi. I get a check from that . so does our 2 boys.If we get divorced will I still that check ?
In reply to My husband gets ssdi. I get a by Amber (not verified)
Hi Amber,
Hi Amber,
You and your children may be eligible for benefits based of of your spouse's work history.
I am on SSDI I am 60 yrs old.
I am on SSDI I am 60 yrs old. my husband is 62 and may be going on SSDI soon. We have been married 15 years. May be getting a divorce in the near future. If we do divorce I am understanding I will be able to collect half of his SSDI only, is that correct? I only get 400 a month so his amount will be more than more than 4 times what I get.
If I do collect his higher amount and half of it, Will I also be able to collect Alimony from his SSDI payment, if it is awarded to me in the divorce decree?
Thank You
In reply to I am on SSDI I am 60 yrs old. by Pamela (not verified)
Hi Pamela,
Hi Pamela,
That's a great question! Unfortunately, as I am not a divorce lawyer, I cannot say with any confidence if you would be able to.
My husband gets ssi disabilty
My husband gets ssi disabilty I collect off his cause I've never worked if we separate can I still collect on his, and what if I divorced him.will he have to pay spousal support from his disabilty.thank u
In reply to My husband gets ssi disabilty by Diane (not verified)
Hi Diane,
Hi Diane,
You cannot receive auxiliary benefits off an SSI recipient--this only applies to those receiving SSDI.
Hi I am a disabled woman on
Hi I am a disabled woman on SSI I was married for 25 years am I eligible for benefits on his work history
In reply to Hi I am a disabled woman on by Anonymous (not verified)
Hi there, if you meet these
Hi there, if you meet these criteria, you may be able to :
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 has been receiving
My ex wife has been receiving SS disability benefits for over 15 years. Can she apply for my SS benefits? She began receiving disability benefits while we married. We were married just over 10 years
In reply to My ex wife has been receiving by RON (not verified)
Hi Ron,
Hi Ron,
depending on her age, she may be able to. It would not take away from your benefit check, however.
I receive additional and I
I receive additional and I have a child who receives supplemental from it. My ex had custody of him so he got the supplemental support. I now have custody. Do I need to change that & if so how would I do that?
In reply to I receive additional and I by Kelly Renfro (not verified)
Hi Kelly,
Hi Kelly,
If you need to change your child's representative payee you can call the SSA at 1-800-772-1213 or go to their website at www.ssa.gov
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