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:
I 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.
Blog comments
In reply to I was married to my ex by Jane (not verified)
Hi Jane,
Hi Jane,
Since you were married for over 10 years and you did not remarry, you should be able to.
I am divorced after 36 years
I am divorced after 36 years of marriage. I just found out my ex applied for so disability n received a lump sum of $21,000 am I entitled to any of it? He is on workmans compensation too
In reply to I am divorced after 36 years by Anonymous (not verified)
Hi There,
Hi There,
If your ex is receiving SSDI, you're at least 62, currently unmarried and you're not receiving Social Security payments on your own record, you may be eligible for auxiliary benefits.
I was married to my ex for 14
I was married to my ex for 14 years. She is now 59. She remarried, but is now divorced. She has only worked for a couple of years paying into SS, and she is now disabled. Can she qualify for SSDI under my SS benefits? (I am 57.)
In reply to I was married to my ex for 14 by Robert (not verified)
Hi Robert,
Hi Robert,
Because your ex re-married she can no longer qualify under you.
What benefits am I entitled
What benefits am I entitled to as an ex-wife, with 2 minor children, of a disabled worker? How long would the benefit apply? Are the benefits for each family member individually and added together or one comprehensive individual rule that is applied to an ex-spouse with children? Thank you.
In reply to What benefits am I entitled by Kari Maxlow (not verified)
Hi Kari,
Hi Kari,
It depends on what kind of benefits your ex-wife is receiving. If it is SSDI then your children may be eligible for auxiliary benefits. If you and your spouse were married for more than 10 years then you may be eligible as well. I believe each benefit is for each person individually.
If your ex-wife is receiving SSI then there is no eligibility for auxiliary benefits.
My ex has been receiving SSDI
My ex has been receiving SSDI and auxiliary benefits for our daughter. I am now also receiving SSDI. Can my daughter get additional auxiliary benefits from me?
In reply to My ex has been receiving SSDI by Deborah (not verified)
Hi Deborah,
Hi Deborah,
If your daughter is a dependent of yours, then I believe she can still qualify for auxiliary benefits.
I am 56 and applying for SS
I am 56 and applying for SS Disabilty.
Can I apply based on my ex spouses income. She is 61 years old and has made alot more money than I.
We were married over 20 years ago and and were married for 13 years.
I have been married and divorced t we ice since then.
Single now.
In reply to I am 56 and applying for SS by Keith (not verified)
Hi Keith,
Hi Keith,
I'm sorry but you can't draw on an ex-spouse's income if you remarried.
I was married to my ex
I was married to my ex husband for 22 years 8 months he us drawing social security disability. I have not remarried since the divorce he however is remarried again for the 5th time. I'm wondering if i can draw from his social security disability. I'm 64 he is 63
In reply to I was married to my ex by SHAWNA SHAW (not verified)
Hi Shawna,
Hi Shawna,
You should be able to still draw off of his SSDI benefits. As you were married to the person for over ten years, you are over the age of 62 and you are currently unmarried.
I have a friend who is filing
I have a friend who is filing for a divorce. He is disabled at 39 years old due to a military accident and getting social security and not able to work. He asked if he will have to pay any spousal support from his social security disability check or will the amount he receives stay the same.
In reply to I have a friend who is filing by Tarsha (not verified)
Hi Tarsha,
Hi Tarsha,
Whether or not he has to pay part of his benefits to his ex is something that may be a part of divorce negotiations and is not something that we can speak on. I can however tell you that SSDI is not affected by income and therefore the amount before paying to an Ex should not change.
I have been separated for
I have been separated for over 5 years looking to get a divorce will my ex wife still draw my social security? We were married for over 12 years ? I have my daughter she has been living with me since we have been separated.. My ex wife draws social security for her and our daughter ?? Will this change after I get a divorce? My daughter doesn't see any of her check each month and she is 13 years old .. ?
In reply to I have been separated for by Allen shirey (not verified)
Hi Allen,
Hi Allen,
To be eligible, she would have to be over 62 years old and not married again. This also assumes that she would not be eligible for a larger social security payment on her own record. To go over the more specific details of your case you can make an appointment with your local SSA office.
My husband and I were
My husband and I were separated over 10 years now he is filing SSDI. Am I entitled to his benefits. ?? Just concerned I don't know but he mentioned it to.me. He put me in his application when he applied which I did.not.know you could.not living together for over 10years.
In reply to My husband and I were by anna BROOKS (not verified)
Hi Anna,
Hi Anna,
You are able to draw on his benefits if you meet the following 4 criteria:
-You were married for more than 10 years
-You are over the age of 62
-You have not remarried
-You are not eligible for a larger payment based on your own record.
I ws divorced in 2000. Had
I ws divorced in 2000. Had been married for 24 years. It is written in divorce papers that neither can draw on each others retirement pension etc. Is there anyway around this. I took care of our kids while he worked.
In reply to I ws divorced in 2000. Had by Diana Smith (not verified)
Hi Diana,
Hi Diana,
In general it is possible to draw benefits from an Ex spouse. However, because it was specifically written in the divorce papers, this falls outside of our scope of knowledge. I would recommend discussing with a divorce attorney.
I am 60, I have PTSD not
I am 60, I have PTSD not receiving benefits.
Question Am I eligible under my ex- spouses benefits?
Married 16 years. He is receiving S.S
In reply to I am 60, I have PTSD not by LA (not verified)
Hi,
Hi,
Unfortunately you will most likely not qualify under your ex-spouses benefits. The following are the qualifications to qualify:
-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.
It is possible to qualify with PTSD and I would recommend making an appointment with your local SSA office to go over the details of your case.
My ex wife applied for SSDI
My ex wife applied for SSDI when we were married and didn’t get it. Now that we are divorced would being divorced help her get it?
In reply to My ex wife applied for SSDI by Railrider (not verified)
Hi,
Hi,
Marriage status should not affect ability to collect benefits. SSDI is based on her work history and therefore if her work history has changed, she may be able to qualify. I recommend making an appointment with your local SSA office to look at her specific case.
I currently receive SSI. I
I currently receive SSI. I was married to my ex husband over 10 years. Can I draw off his Social Security? I'm 56 years old.
In reply to I currently receive SSI. I by Ethel (not verified)
Hi Ethel,
Hi Ethel,
The following is the criteria to draw benefits from your ex spouse:
-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.
Unfortunately, it does not look like you will meet those qualifications however if you would like more information, you can always make an appointment with your local SSA office.
I am 53. I began receiving
I am 53. I began receiving SSDI, based on my income, while I was married. I was married for 11 years. Since our divorce, my ex husband now receives Social Security. He is currently 68. Am I eligible for any additional benefits? I know he is eligible for a percentage of my benefits.
In reply to I am 53. I began receiving by Sherry (not verified)
Hi There,
Hi There,
You may be able to draw off his benefits since you were married for over 10 years and as long as you have not remarried.
i have read that when a
i have read that when a parent receives ssdi, their children are eligible for auxiliary benefits due to the fact that they may rely on you for financial support
In reply to i have read that when a by disabled divorcee (not verified)
Hi There,
Hi There,
They may be able to if they are a dependent of yours, under 18 (unless enrolled in school full time), and unmarried. You can apply at your local SSA office.
I recieved SSDI benefits and
I recieved SSDI benefits and got married. My benefits were cut as a result of the marriage. We are now divorcing yet I still receive partial benefits. Will I be able to apply for my full benefits again?
In reply to I recieved SSDI benefits and by Missie (not verified)
Hi Missie,
Hi Missie,
SSDI benefits are based on your own work history and therefore they should not be changed by your marriage status. I would recommend calling up the SSA to look at your specific situation.
My ex wife and I both recieve
My ex wife and I both recieve SSDI, married over 30 years. Can she claim my benefits?
In reply to My ex wife and I both recieve by Alex (not verified)
Hi Alex,
Hi Alex,
If she has not remarried then she may be eligible.
My ex has started receiving…
My ex has started receiving disability benefits and has told me I should have received payments for our daughter since I'm the custodial parent but I can't figure out how to make sure information is correct or to even find out if she is getting payments or if it affects his child support order or anything. Some help please?
In reply to My ex has started receiving… by Nicole (not verified)
Hi Nicole, You should have…
Hi Nicole,
You should have filled out paperwork about receiving the benefits, etc. As for child support, auxiliary benefits and child support are separate. If the court has ordered child support, then you should most likely still be receiving it.
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