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
My husband is awaiting
My husband is awaiting disability discion if he is approved or not....we have been married 25year and have a 15year old son and I'm 55 years old...does only my son receive benefits?
In reply to My husband is awaiting by Mary (not verified)
Hi Mary,
Hi Mary,
You may be eligible for benefits based off of his work record, but they may be terminated after your child is 16.
I have been married for 18
I have been married for 18 years, but have been with another woman for over 12 years. I became disabled 2 years ago. I want to divorce my wife. Will I have to pay her anything? I have two children with wife ages 19 and 22. I also have a child 1o with my girlfriend. PLEASE HELP
In reply to I have been married for 18 by Jeff (not verified)
Hi Jeff,
Hi Jeff,
Your obligation to your ex wife may depend on the state you live in and the laws there, so I really could not say.
What about common law in
What about common law in montana? Does that qualify?
In reply to What about common law in by Sue R. F zzz (not verified)
Hi Sue,
Hi Sue,
It may qualify if your marriage was recognized by the state.
I am a 52 yr old woman, I was
I am a 52 yr old woman, I was and am the sole provider for my husband and a daughter who is now 33. I didn't finish high school and my jobs have been " grunt work" I was qualified disabled in 2014 and now get 1200 a month. We did what you call a declaration of marriage in 1984 I was 19 he was 33. He has never had a job. Circumstances are such that now I am in need of a divorce. I have planned and saved so I now own a trailer and a 1/8 of an acre lot in a very shady trailer court. We are no longer loving or caring or even a talking couple. I now want a divorce. As far as I'm concerned he can have the property I just want out and freedom I never got. I have no savings, I get 1,200. A month from disability. Will I be expected to pay him alimony from 1,200 a month? I was concerned at first he would have nothing but that was his bad planning and me being a stupid girl who did the bidding of a much older man. He has become a manic depressive who won't change clothes hasn't bathed, left the house, has a huge matte of hair, won't see a doctor person. I was trying for almost 4 years now. Can no longer take it. On tax returns he said he was house husband. Do I owe him the rest of his life?
In reply to I am a 52 yr old woman, I was by Dawn MT. (not verified)
Hi Dawn,
Hi Dawn,
I really could not say as it may depend on the state you live in and their laws on divorce. However, SSI and SSDI benefits are generally not able to be garnished.
I just started receiving SSDI
I just started receiving SSDI, I have 3 children and have been divorced for 4 years now. I never expected to be out of work. My question is, on Social Security if my ex-spouse of 10 years was able to collect I would be able to collect of his work record, why doesn't that same rule apply for SSDI? ( I stayed out of work for 6 years during our marriage to raise our kids) I just do not think that is fair especially how much I am actually getting.
In reply to I just started receiving SSDI by Jennifer (not verified)
Hi Jennifer,
Hi Jennifer,
He would only be able to collect if he had a child in his care, or he was over age 62 or was disabled after age 50. He may not be able to collect under other circumstances.
In reply to Hi Jennifer, by Bryan
Hi,
Hi,
so my question is if I am able to collect Social Security under his work record, why aren't I able to collect SSDI off of his work record? I cannot help the fact that I became ill, therefore, I am unable to work until retirement age, so if I could use his work record for Social Security should't the same rule apply?
In reply to Hi, by Jennifer (not verified)
hi Jennifer,
hi Jennifer,
You may qualify if you satisfy these requirements:
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 daughter receives ssdi
My daughter receives ssdi because I'm disabled. I understand she'll stop receiving payments once she turns 18 or graduates high school whichever comes first. What happens to any monies in her joint account once that happens? Does it go back to SS or is it hers to keep?
In reply to My daughter receives ssdi by Katrina (not verified)
Hi Katrina,
Hi Katrina,
Unless the SSA determines that they overpaid her or she was otherwise ineligible for benefits, she would be able to keep the money.
I was married for 9 years, 11
I was married for 9 years, 11 months and two weeks. I am applying for Social Security Disability. Will I be able to claim it on his work record or because we were shy 2 weeks will they only go by my work record?
In reply to I was married for 9 years, 11 by Debbie Downing (not verified)
Hi Debbie,
Hi Debbie,
You may qualify if you satisfy these requirements:
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 55. Male. Late 2013
I'm 55. Male. Late 2013 I started receiving SSDI. And was getting back pay. Being alone, I tried to date. Basically got hooked up with the first cute gal my age that liked me. Long story short, I spent all my back pay on furniture, a cheap car and an apartment. Then She moves in. Then we sell everything go to Ecuador. ?? mental disability Doesnt go well. We get drunk one night. Pushing, shoving, she gets hurt. Leaves country. I go somewhere else. She wants to meet me in Fl. I go. We now live together for more than another year. I support her completely for 2 years. I even pay $3000 for her car repairs. She gets a great paying job and leaves me. With the bills. Go to another state and files divorce and won't give me a thing. Can I get spousal support? I make 1900 a month. She made nothing the whole time we were together. now she makes 5000 a month. Left me, left the state, with her car repair bill
In reply to I'm 55. Male. Late 2013 by Coe (not verified)
Hi Coe,
Hi Coe,
I really could not say as I do not have any experience with family/divorce law and I could not assess whether she would owe you anything as far as spousal support goes.
I have been married for 4
I have been married for 4 years and I recieved ssdi benefits for my disability. We have one small toddler child. When we divorce will my payments increase? I feel stuck in this marriage because of finances.
In reply to I have been married for 4 by Amers (not verified)
Hi there,
Hi there,
They may not increase as SSDI benefits are based on work history rather than any other type of factor.
I got married a year and a
I got married a year and a half ago and lost my SSDI benefit because my husband made more than the limit for me to stay on it. Now I am getting divorced and would like to know if I can just get back on it, or do I have to go through the whole process again of applying and waiting another year and a half to get approved like last time.
In reply to I got married a year and a by Aris Anderson (not verified)
Hi Aris,
Hi Aris,
If you lost your benefits due to income, then it may really depend on where you are financially after your divorce. However, you may be able to have an expedited reinstatement. It may be a good idea to contact the SSA for some more information about your own particular case.
I can't find anywhere
I can't find anywhere the answer to my question. If you were married 21 years, then divorced, would I be able to get part of my ex husband's social security and not have it affect my medicare disability payments? No one seems to know if it will hurt my disability payments.
In reply to I can't find anywhere by Donna (not verified)
Hi Donna,
Hi Donna,
Generally you would only be eligible for one or the other, if you can collect on your ex's record it would be because you would be eligible for more money that way.
I am 52 on SSD. Was married
I am 52 on SSD. Was married to my first husband for 17 years but we divorced and I remarried . during that second marriage I became disabled I am now divorced from the second husband. My first husband is not collecting regular Social Security and is 64, can I collect on his being that I am disabled and only 52
In reply to I am 52 on SSD. Was married by Lisa (not verified)
Hi Lisa,
Hi Lisa,
You may only be able to collect on your most current ex's work record.
My spouse gets ssdi and our
My spouse gets ssdi and our son draws off him we separated a few months ago and my son is living with him can i draw half of my spouses ssdi now that we live in separate homes separated but not divorced I'm 45 and my spouse has 49 been married 29 yrs Amen if I can draw off his ssdi would it cut their checks down
In reply to My spouse gets ssdi and our by Sandra (not verified)
Hi Sandra,
Hi Sandra,
Yes, you may be able to if:
You were married to the person for over ten years;
You are at least 62 years old ( or 50 if disabled);
You are currently unmarried; and
You are not eligible for a larger Social Security payment on your own record.
In reply to Hi Sandra, by Bryan
I've applied for my ssi
I've applied for my ssi on my inflammatory arthritis and fibromyalgia I'm waiting to hear back but I have no income and no help from disabled spouse so I'm not sure if I could get draw off his or not since we live separately now before I couldn't cause my son draws off him and they said I couldn't a fewbyrs back due to living in same home
In reply to I've applied for my ssi by Sandra (not verified)
Hi Sandra,
Hi Sandra,
Unfortunately, you would not be able to draw off of his benefits for SSI as SSI is an income based program.
I am a male receiving
I am a male receiving disability. I want a divorce, married 15 years. Separated 12 years.( not legally separated tho ) Do I have to pay alimony. I receive 1400 a month
In reply to I am a male receiving by Ken (not verified)
Hi Ken,
Hi Ken,
I really could not say as that may depend on the divorce laws in your state.
In reply to I am a male receiving by Ken (not verified)
Hi Ken,
Hi Ken,
I really could not say as that may depend on the divorce laws in your state.
Married to my ex for 22 years
Married to my ex for 22 years. Divorced a little over 2. He is applying for disability. How or does this effect me, if at all. He stated he needs my ss # being we were married for over 10 yrs.
In reply to Married to my ex for 22 years by Kris (not verified)
Hi Kris,
Hi Kris,
If you're over age 62, you could receive 50% of his SSDI benefits if his is approved.
My spouse begin receiving
My spouse begin receiving disability benefits in 2010. He divorced me 2014. We were married for 36 years. My wages were never anywhere near as good as his. I did not remarry nor do I intend to. Do I have access to any of his benefits, if so what percentage, and at what age do I need to be to claim them? Thank you for your help.
In reply to My spouse begin receiving by Deni (not verified)
Hi Deni,
Hi Deni,
Yes, you may be able to if:
You were married to the person for over ten years;
You are at least 62 years old ( or 50 if disabled);
You are currently unmarried; and
You are not eligible for a larger Social Security payment on your own record.
In reply to Hi Deni, by Bryan
Thank you!
Thank you!
In reply to Thank you! by Deni (not verified)
You're very welcome!
You're very welcome!
In reply to Hi Deni, by Bryan
He left right after he began
He left right after he began receiving his benefits 2010, although he didn't divorce me until 2014. It took him approximately two years from the time he filed to the time he was approved. He filed in 2008. He told me he did not receive back pay. Is there any way to check and any recourse if he lied to me?
In reply to He left right after he began by Deni (not verified)
Hi there,
Hi there,
You may need to get his written permission to ask the SSA for his information.
Ex-husband begin collecting
Ex-husband begin collecting disability in 2010. He divorced me in 2014. I understand I may be eligible for 50% of his SSDI. Is this in addition to my own social security benefits or in place of my social security payments?
In reply to Ex-husband begin collecting by Deni (not verified)
Hi Deni,
Hi Deni,
Yes, you may be able to if:
You were married to the person for over ten years;
You are at least 62 years old ( or 50 if disabled);
You are currently unmarried; and
You are not eligible for a larger Social Security payment on your own record.
I am 53 and receive SSDI
I am 53 and receive SSDI because I am now legally blind. My wife is divorcing me and I will have custody of the 2 children (age 13). The children receive dependent benefits from my disability also. Their benefits are technically paid under my wife's name because they are minors. She will be paying me child support because she is still working and I will have custody. Will the children still receive their benefits? Will the amount change since I'll be paid child support? Thanks.
In reply to I am 53 and receive SSDI by David (not verified)
HI David,
HI David,
You may be able to change your children's payee for the benefits. SSDI benefits may not change due to child support.
Husband and I are getting a
Husband and I are getting a divorce and I need to know how I go about starting my SSI. I already had a lawyer and won my case back in October 2015. I couldn't collect at the time cause the spouse made to much money. Now that I am getting divorced I need to know where I go now and who I need to talk to..I'm not sure if I call my case worker or my old attorney.
In reply to Husband and I are getting a by Athena (not verified)
Hi Athena,
Hi Athena,
It may be a good idea to contact the caseworker that you had worked with at the time you were medically approved for benefits.
Before getting on SSDI I had
Before getting on SSDI I had gotten a divorce and in the divorce it was court ordered that my ex husband's 401k be divided. Now that I am on SSDI he wants me to receive 6,000.00. I do not know what I am supposed to do nor do I want to jeopardize the many years I've found to obtain my benefits. I need advice asap. Thank you
In reply to Before getting on SSDI I had by Paula (not verified)
Hi Paula,
Hi Paula,
SSDI benefits are not based on income, so you would not lose benefits for taking money that is counted as unearned income.
In reply to Hi Paula, by Bryan
What about my ex taking the
What about my ex taking the money meant for our son and spending it on himself? Will he have to pay this back? Should I get a lawyer to force Social Security to retrieve and pay back my son for the years his dad took it for himself?
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