Divorce and Social Security Disability Insurance (SSDI)

Submitted by Shane on

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. 

Additional Resources 

Blog comments

Confused (not verified)

My husband receives SSD. I

My husband receives SSD. I was receiving parental benefits for my 14 year old daughter, and was also her payee representative for her child benefits. We separated a few months ago and my daughter has lived with him in the meantime. I notified SS and have been discontinued as her rep. payee and have been asked to pay back my benefits from the time I left. We are beginning the divorce process and custody hasn't been settled. I don't want to change payee arrangements until I know the custody outcome. What are my options? And if we are divorced am I eligible again for parental auxiliary benefits?

Tue, 04/26/2016 - 15:34 Permalink
Bryan

In reply to by Confused (not verified)

Hi there,

Hi there,
You may still be eligible for benefits if you still have you and your ex-spouse's child in your care, or if you meet 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.

Thu, 04/28/2016 - 13:37 Permalink
Gricelda Guerr… (not verified)

My husband is applying for

My husband is applying for disability but wants a divorce we have been married 18 years do I qualify for some of his benefits

Fri, 04/29/2016 - 17:45 Permalink
Bryan

In reply to by Gricelda Guerr… (not verified)

Hi Gricelda,

Hi Gricelda,
You may be eligible for benefits if you are over 62 years old and don't qualify for a larger benefit amount on your own record.

Mon, 05/02/2016 - 09:39 Permalink
blu (not verified)

I am 63. I receive disability

I am 63. I receive disability and very little SSI since in my 25 year marriage I worked very little
My husband is 53. We live in different states. Me in Florida, he in Ky. We have not lived together for 2 years but are not divorced. My question is if I divorce would I be qualified for additional benefits under his earnings which were considerably more than mine. And re has recently been diagnosed with MS and may be disabled at some point in the near future. If that a factor as well?

Mon, 05/02/2016 - 13:20 Permalink
Bryan

In reply to by blu (not verified)

Hi Blu,

Hi Blu,
You may be eligible for benefits under your husband's SSDI, if he starts receiving disability and if the payment you would get under his work record is larger than the one you would get under your own.

Mon, 05/02/2016 - 13:37 Permalink
Brittany (not verified)

We get ssi for our boys and

We get ssi for our boys and are thinking about buying an rv, will this affect our payment.

Mon, 05/02/2016 - 19:34 Permalink
Bryan

In reply to by Brittany (not verified)

Hi Brittany,

Hi Brittany,
If you did buy an RV, it may be counted as a resource for the purposes of determining your child's SSI eligibility. I would contact the SSA and ask them directly, you can call them at 1-800-772-1213.

Tue, 05/03/2016 - 09:18 Permalink
Marie (not verified)

I have sole custody of my

I have sole custody of my children (legal and physical) I have been divorced from children's father for quite some time.. He's now remarried and just recently I found out he's getting SSI and that our children are entitled to auxiliary benefits...his current wife is saying she in charge of these funds and how it's spent...how does that work? By the way he is also in back child support since before ssi came into play... As the mother with full parental right, don't I get to, as far as the guidelines are concerned, see fit on how the benefits are spent etc clothing, recreation, and living expenses or do I strictly have to deal with his current wife? Or even him at that?

Thu, 05/05/2016 - 23:49 Permalink
Bryan

In reply to by Marie (not verified)

Hi Marie,

Hi Marie,
SSI recipients do not have
Generally, the parent who has physical custody of the children would be the payee, if you are not already I would contact the SSA and get the process started to become the payee, if you children are eligible for auxiliary benefits. Additionally, SSI beneficiaries do not have auxiliary benefits available to them.

Fri, 05/06/2016 - 11:36 Permalink
amy (not verified)

I have stage four cancer and

I have stage four cancer and I am not working at present. It's been 2 years. Prior to my nursing job, I was a stay home mother. I inquired as to disability benefits, but was told I didn't have enough work credits. How is it that others, who have never worked qualify? Just curious.

Fri, 05/06/2016 - 13:17 Permalink
Deanna

In reply to by amy (not verified)

Hi Amy,

Hi Amy,
I am SO sorry to hear that! Stage IV cancer definitely medically qualifies for benefits. The reason you don't qualify for SSDI benefits is because SSDI is funded by tax payers, and if you were a stay-at-home mom, you were not paying taxes. This does not mean you won't qualify! You could still receive SSI benefits if you are earning less than $733 per month, or $1,100 per month if married.

Fri, 05/06/2016 - 16:51 Permalink
Julie (not verified)

Question: I am 61 year old

Question: I am 61 year old female. I receive SSD benefits, and have since 2009. I have been divorced for just over a year. We were married 15 years. My ex husband still works, is 53. Am I eligible to receive any of his Social security at this time? He is not retiring anytime soon. If I do qualify, will I receive my ex husband's Social Security option only, or will I receive it in addition to what I receive on SSDisability?

Tue, 05/10/2016 - 16:51 Permalink
Bryan

In reply to by Julie (not verified)

Hi Julie,

Hi Julie,
You may not be eligible as he is not receiving any type of Social Security benefits, but even if you were otherwise eligible for benefits on his account, you would only be able to get benefits on his work record if the amount you would get under his record is larger than what you would get on your own. Additionally, you would not receive benefits for both work records at the same time.

Tue, 05/10/2016 - 16:59 Permalink
Linda (not verified)

My ex husband died last week

My ex husband died last week he was on ssdi. we were married 26 years, I an 64 and 10 months old and am collecting off my own ssi. I am not disabled. am applying for his death benifits next week . will the amount I receive be off his ssdi or his ssi. I did not remarry

Fri, 05/13/2016 - 12:06 Permalink
Bryan

In reply to by Linda (not verified)

Hi Linda,

Hi Linda,
I'm sorry to hear about that!
You may be eligible for survivor's benefits based off of his work record. SSI does not have survivor's benefits.

Fri, 05/13/2016 - 14:32 Permalink
lee (not verified)

Hi , I am on SSDI currently ,

Hi , I am on SSDI currently , my husband of 20+ years and I are separated He had a child with another woman before divorcing me. Now he just recently became very ill and will probably be receiving SSDI as well , His payments are going to be quite a bit higher than mine are. My question is Will I be able to get part of his SSDI for spousal ? Also Does the payment come out of his portion or from SSDI separately ? And lastly Do I need to go to social security office in order to apply for his benefits? Thank You

Sun, 05/15/2016 - 01:56 Permalink
Shawn (not verified)

Hi my wife and I will be

Hi my wife and I will be getting a divorce soon. We have a 11 year old child. He receives 50% of my SSD right now. She is listed as his payee. We are going to be in a joint custody agreement he will stay every other week at each of our homes. Is there anything I can do to have the money he receives divided between the two households since we both have him equal amounts of time. I need to provide for him just as much as my ex does. Or can I somehow become his payee so I can split the money on my own because she is not willing to do so... Thank you

Wed, 05/18/2016 - 01:01 Permalink
Bryan

In reply to by Shawn (not verified)

Hi Shawn,

Hi Shawn,
You may be able to become the representative payee for your child, but you can also have a third party, like a relative or family member that both you and your wife agree on and trust, to be a representative payee as well.

Wed, 05/18/2016 - 10:27 Permalink
Debbie Miller (not verified)

My friend had her hearing

My friend had her hearing today and was told that she could not get her
SSI Disability she will have to divorce her husband. They told her she will give her 225 on one and 700 on the other I just want to know if this is true

Thu, 05/19/2016 - 16:18 Permalink
Bryan

In reply to by Debbie Miller (not verified)

Hi Debbie,

Hi Debbie,
SSI benefits are calculated on household income, not individual income for married persons. She does not have to divorce her spouse, but being single may change her eligibility for benefits.

Fri, 05/20/2016 - 10:32 Permalink
Asking for a Friend (not verified)

My friend has been separated

My friend has been separated from his wife since 2010. She has custody of their 15 year old son who receives some form of Social Security for his autism. The mother has agreed to allow the son to move in with his father because she cannot handle him anymore. However, she has stated she would contact Social Security and have the son's benefits stopped. Does she have the legal right to do this since the money is to help take care of her son's needs?

Thu, 05/19/2016 - 17:22 Permalink
Bryan

In reply to by Asking for a Friend (not verified)

Hi there,

Hi there,
As those benefits are her son's and not hers, she would not be able to have them stopped if the son was still otherwise eligible. I would have your friend contact the SSA, they can help change the representative payee if the mother does not want to continue to be the payee.

Fri, 05/20/2016 - 10:31 Permalink
June (not verified)

I am on disability now if I

I am on disability now if I choose to get married will I loose my benefits I am 58

Sat, 05/21/2016 - 12:05 Permalink
Bryan

In reply to by June (not verified)

Hi June,

Hi June,
If you're on SSDI benefits, your benefits would not change as they are based on your own work record.

Mon, 05/23/2016 - 09:59 Permalink
Camille (not verified)

I have filed for divorce and

I have filed for divorce and I am currently filling out the application online. I am currently receiving workers compensation for an injury that to date had required 4 surgeries in a year and a half I am still not able to walk correctly.
On the SSD application the question " am I married" I am not sure what to put there, if I mark yes it wants my husbands information?? Please HELP!! Thank you

Sun, 05/29/2016 - 08:05 Permalink
Bryan

In reply to by Camille (not verified)

Hi Camille,

Hi Camille,
As you're still married right now, I would answer "yes" and give them your current spouse's information, and then let the SSA know about the change in your marital status when it is finalized.

Tue, 05/31/2016 - 10:02 Permalink
Jo (not verified)

I am 55 and have M.S. I am

I am 55 and have M.S. I am presently married to an abusive man and want to get a divorce. I now collect SSDI. I get under $500. a month. We have a 13 year old daughter who is also disabled and thought I could wait until she grew up to divorce. I don't think this atmosphere is healthy for her at all. This is my second marriage and feel ashamed. I have called SS because I have been told I may be able to collect SS benefits from my ex-husbands account. He is married. SS said I could not get his benefits until me and him are 62. He is also 55. Reading these posts, It makes me think because I am disabled I can collect his benefits starting at age 50. I am so confused. I don't know how I am going to live if I divorce. I cant work at all due to my M.S. What benefits may I be eligible for? All I get is $485. monthly SSDI, nothing else. Thank you so much.

Tue, 05/31/2016 - 22:15 Permalink
Bryan

In reply to by Jo (not verified)

HI Jo,

HI Jo,
I'm very sorry to hear about your situation. However, the benefits from your ex-husband's work record would only be available to you after you are 62, the 50 year old age requirement is for survivor's benefits. However, you may be able to get benefits to help care for your child based on your own SSDI benefits. Additionally, you may qualify for SSI after your divorce, which may be able to supplement your income.

Wed, 06/01/2016 - 09:58 Permalink
Jaime Valdez (not verified)

I have benn married for 27

I have benn married for 27 years im receiving ssdi i am on dialisys . My wife got ill and is trying to get disability the officer told her in advance she might not get it but she can appeal but because she is married to me she can get a benefit of $200 or so dollars a month. She does not qualify for retirement for not enough credits , one credit short. But the officer of SS told her that if she gets divorced she can get over $700 hundred dollars
Based o my work record or history .Now she came to me and ask me for divorce is that good practice and ethics from officer? And if we get divorce would my benefits change
We dont have any kids and can i ask for more moneytary help? What should i do we dont have any property either. Thanks for your answer.

Fri, 06/03/2016 - 23:55 Permalink
Bryan

In reply to by Jaime Valdez (not verified)

Hi Jamie,

Hi Jamie,
it may not be a good idea to divorce at this stage, one credit of work is $1,260 of earned wages, so it may still be possible for your wife to obtain benefits based on her work history if she can meet that amount of work.
Additionally, it may be a good idea for her to still apply for disability, and a good way to maximize her chances of approval is to speak with a disability advocate or lawyer. If she fills out the form here:
http://www.disability-benefits-help.org/form/free-disability-evaluation
We can have one reach out to her.

Mon, 06/06/2016 - 09:59 Permalink
Jack Perigo. (not verified)

I receive SSDI benefits on my

I receive SSDI benefits on my own work, my.exewife received a check for her and a check for my 14 yr old son on my work history, we have been divorced for 5-6 yrs and since the divorce she is living with my son and another man, she hasn't.remarried, she doesn't work but her male friend does they have lived together for last 5 yrs, her male friend is head of house hold and they file taxes together and claim my son as a dependent, she was awarded that in the divorce, the two checks she receives on my SSDI is considered child support by the court of law, one is payable to her for her the other is she is my son's payee, in the state of Oklahoma she is recognized as common law marriage if living with.another and representing your self as a couple initiating filing taxes together being legally binder by one contract or more to a debited together, that being said is she still eligible for espousal support, my son is 14 yr old soon to be 15. If she isn't eligible for exespouse benefits would the money then go to my child. I would prefer it does, and also since our divorce I have remarried would my new wife be eligible for spouseal benefits, she teaches school and during the summer months tries to be employed temporary until school starts again, one more thing would I quality for SSI also while receiving my SSD benefits. We do have a male child in the house hold from her previous marriage, he is a student furthering his education my wife received no child support due to the fact my stepson is 23,, he has also been diagnosed with Autism/ As bergers syndrome. I'd there any way we would qualify for a supplemental income of sort based on her not working and my.SSDI benefits are below poverty level @ $1407.00 a month we rent our house and have one car payment, pay utilities and I've been turned over to collections due to medical bills. And my health having me in and out of the hospital at all times. Your information on what I can do or where to turn to would be greatly appreciated. Thank you
Jack Perigo

Sat, 06/04/2016 - 12:31 Permalink
Bryan

In reply to by Jack Perigo. (not verified)

Hi Jack,

Hi Jack,
If your ex spouse was ineligible for benefits, your child may still be otherwise eligible for benefits. Regarding supplemental benefits for your wife, she may be eligible if she is nearing full retirement age.

Mon, 06/06/2016 - 10:02 Permalink
Anna (not verified)

I am in the middle of a

I am in the middle of a divorce. Th ex (father) is approved to get SSDI and according to him also dependent child benefits for my child aged 12 who lives with me 100% of the time. We were married more than 10 years and I filed for divorce 2 years ago. Divorce Trial set for September 2016. At the moment the amount and back-payment is unknown. I have never received any child support for my child in over 2 1/2 years. Am I entitled to spousal supplementary benefits now and when the divorce is final and how to proceed? I am 52 and the disability recipient is 56 and will be getting SSDI as of May 1st 2016 but no payments have shown up yet. Thanks!

Sun, 06/05/2016 - 23:05 Permalink
Bryan

In reply to by Anna (not verified)

Hi Anna,

Hi Anna,
Yes, you may be able to receive auxiliary benefits based off his work record, I would contact the SSA and ask them about your eligibility as an ex-spouse who has a "child in care".

Mon, 06/06/2016 - 09:53 Permalink
Anna (not verified)

In reply to by Bryan

Thank you for the reply and

Thank you for the reply and will call them and see!

Tue, 06/07/2016 - 09:27 Permalink
Oscar (not verified)

If my ex wife applies for ex

If my ex wife applies for ex spouse benefits and she is qualified, will she be entitled to any backpay or will she just start receiving benefits?

Mon, 06/06/2016 - 16:24 Permalink
Bryan

In reply to by Oscar (not verified)

Hi Oscar,

Hi Oscar,
She may be able to get back pay. However, none of the money that she would get comes out of your benefits.

Tue, 06/07/2016 - 10:06 Permalink
Jay (not verified)

My wife and I are divorcing.

My wife and I are divorcing. Two of our children receive SSI. Their mother is the representative payee. Since we have joint custody, am I eligible to be co-payee?

Sun, 06/12/2016 - 00:12 Permalink
Bryan

In reply to by Jay (not verified)

Hi Jay,

Hi Jay,
Unfortunately the SSA may only allows institutions or individuals to be payees, but not multiple individuals.

Mon, 06/13/2016 - 10:23 Permalink
confused (not verified)

I was married to my husband

I was married to my husband for 20 yrs. Been divorced now for 6 yrs. I am 49 yrs old and We have 3 children together ages 22, 20, and 16. I have custody of all children.He remarried less than a yr ago and has just been awarded his disability. Do I qualify to recieve a check off of his disability?

Mon, 06/13/2016 - 21:23 Permalink
Bryan

In reply to by confused (not verified)

Hi confused,

Hi confused,
You may be eligible for benefits off of his account if he is receiving SSDI benefits, but only if you have a child in your care who is younger than 16.

Tue, 06/14/2016 - 12:02 Permalink
jason (not verified)

I have been paying child

I have been paying child support for the past 14 years. My ex wife recently started to collect disabilty. Is this grounds for having my support lowered?

Wed, 06/15/2016 - 12:49 Permalink
Deanna

In reply to by jason (not verified)

Hi Jason,

Hi Jason,
It's possible, but that isn't handled by Social Security. Child Services is the one in charge of child support, so that court would need to determine whether or not your payments would be lowered.

Fri, 06/17/2016 - 14:51 Permalink
Jackie (not verified)

I am 51 years old I am

I am 51 years old I am disabled .my ex 48 years old he works full time good health .I am disabled can I drow from him if we were divorced .because I'm disabled. I just wanted to know this .because I draw so little .we were married 13 years thank you

Thu, 06/16/2016 - 19:11 Permalink
Deanna

In reply to by Jackie (not verified)

Hi Jackie,

Hi Jackie,
If you are considered disabled by the SSA, you could draw benefits under him if he were to become disabled or if he took retirement benefits. This will only remain true if you do not remarry.

Fri, 06/17/2016 - 14:52 Permalink
Mariana (not verified)

I'm 41; I receive SSDI

I'm 41; I receive SSDI based on my own work history since end of 2013 (I was diagnosed with SPS in 2009). We are living in Macau at the moment due to my husband's job. He wants a divorce, we have been married 17yrs. Due to my progressive condition and not able to live on my own nor I able to earn a living; I will be forced to go back to my home country (though I'm an American citizen) to live with my parents if we do divorce because I have no family in America. Will I still be able to receive my SSDI benefits if I go back and live in Indonesia? What happens if the SSD office request for me to get a review status while I am not able to come to America for it (my body can not handle the flight due to the seizures & spine spasms), will they stop my benefit? Am I eligible for any other SS benefit if I'm living outside America? Would I be able to receive any payments from my husband's SS benefit after the divorce is final? Thank you so much for your help

Fri, 06/24/2016 - 01:35 Permalink
Deanna

In reply to by Mariana (not verified)

Hi Mariana,

Hi Mariana,
I believe so, since you are a US citizen. If you lose your citizenship, you should still qualify so long as you lived in the US for 10 years.

Fri, 06/24/2016 - 15:07 Permalink
Mariana (not verified)

In reply to by Deanna

Hi, thank you for your reply.

Hi, thank you for your reply.
You mentioned "If you should lose your citizenship, you should still qualify so long as you lived in the US for 10years"
My question: I have lived in America more the 18yrs prior moving to Macau with my now husband. As for the time frame you mentioned; is that living in America for 10yrs after the divorce is final or is it 10yrs time frame in all (before and after divorce)
Thank you once more

Sat, 06/25/2016 - 01:57 Permalink

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