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 Hi, thank you for your reply. by Mariana (not verified)
Hi Mariana,
Hi Mariana,
It may be ten years total, regardless of location at the time of divorce.
I am 49 years old have 2
I am 49 years old have 2 children, 16 and 10, I have been on disability since 2010 due to a ruptured brain aneurysm. I stay at home with the kids. My wife works and makes a decent wage. I also receive a pension from the union I worked at in ano there state. We have been married for 16 years, 4 of those years in Florida. I am not a greedy person and I will make sure that my kids are taken care of. But when they are 18 will she get half of my disability? Sorry such a long description. Thank you for any help
In reply to I am 49 years old have 2 by Tony B. (not verified)
Hi Tony,
Hi Tony,
No, she may not get half of your disability, as those benefits are paid to you. Even if she was eligible for benefits based off of your account , any money the SSA would pay to her would be in addition to your own disability benefits.
In reply to Hi Tony, by Bryan
I'm sorry I have a hard
I'm sorry I have a hard time understanding, if we get divorced she won't get any of my disability? My ruptured brain aneurysm was giant and has made it difficult for me to comprehend. I just want to understand what I'm in for. Thank you in advance.
In reply to I'm sorry I have a hard by Tony B. (not verified)
Hi Tony,
Hi Tony,
If your wife is able to receive benefits from your record, it would not change the benefits that you get.
can a divorced spouse take a
can a divorced spouse take a portion of ex's social security disability benefits if the spouse is receiving her own social security disability
In reply to can a divorced spouse take a by Kathy (not verified)
Hi Kathy,
Hi Kathy,
No, the divorced spouse cannot take a portion of the other divorce spouse's benefits.
I was diagnosed with
I was diagnosed with bronchiectasis (lung disease) and I was told I could apply for SSDI I was wondering if that was true also I am in the middle of a divorce but been separated for 5 years would his income also be included? We have 2 children together but they live with me .
In reply to I was diagnosed with by Mary (not verified)
Hi Mary,
Hi Mary,
If you are applying on SSDI, your spouse's income will not matter, regardless of whether or not your divorce is finalized.
My sister and her husband
My sister and her husband (married for 13 years) are having marital troubles. She has only worked part time to care for him because he had numerous doctor's appointments/ surgeries, and treatments With two children of their own, my sister found out that he has fathered a 6 month old baby outside of their marriage. I'm sure that this child is entiled to receive his benefits, but will my sister, niece, and nephew be denied benefits?
In reply to My sister and her husband by Jessica (not verified)
Hi Jessica,
Hi Jessica,
That sounds like a rough situation! However, having a child outside of marriage will not change the eligibility of the spouse or their other children.
My ex and I were married for
My ex and I were married for 32 years. He has just been approved to receive SSD benefits. He is 61 and I am 62. I am retired from the post office and receive CSRS retirement. Will I still be able to draw off his social security and how will it be affected?
In reply to My ex and I were married for by Delilah (not verified)
Hi Delilah,
Hi Delilah,
You may be eligible for benefits based on your ex's work record, there will be no change in his benefits amount if you are eligible for benefits based on his work record.
I receive SSDI for myself and
I receive SSDI for myself and my 4 year old son. I am going through a divorce. We were married for 5 years and during that time I put her through college. She got a good job after graduating then left me for another guy. Can I get more now than what I am 860 a month and my son gets 150 a month from my benifits
In reply to I receive SSDI for myself and by Shawn (not verified)
Hi Shawn,
Hi Shawn,
Unfortunately, SSDI benefits are based off of your work record, so you may not be eligible for an increase in benefits.
My wife died and was
My wife died and was receiving ssdi and ssi payments.
On the death certificate it says we were separated. She had breast cancer that ended up spreading to her brain and other places. It says she got sick a year before....but had cancer for the prior 7 years.
We were not legally separated, and her illness started much before it staged on the certificate.
I have a 9 year old son who is receiving benefits on her record.
I take care of him full time.
Am I also entitled to benifiits on her record?
Does being separated matter?
Thanks
I have MS but do not have
I have MS but do not have enough work credits to qualify for disability. I am about to get divorced and will be receiving a lot of alimony. My question is since alimony is taxable can this be counted toward the work credits I need in order to qualify? Will this counted toward work credits if I apply for disability in two years?
In reply to I have MS but do not have by Joan (not verified)
HI Joan,
HI Joan,
Unfortunately, work credits are calculated by 'earned income' and alimony does not seem to be classified as that type of income.
My ex has been receiving Ssdi
My ex has been receiving Ssdi for about 5 years not to sure, we are 57 am I eligible for any.of it.
In reply to My ex has been receiving Ssdi by Deb (not verified)
Hi Deb,
Hi Deb,
You would be eligible for benefits if you 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.
My wife and i are currently
My wife and i are currently separated but she plans to file for divorce. I currently get SSDI and my 15 year old daughter gets auxilliary benefits. Who gets that money for my daughter if we are separated or divorced and not living together?
In reply to My wife and i are currently by Jim (not verified)
Hi Jim,
Hi Jim,
Your daughter gets those benefits, as they are intended to her. As far as who handles the money, you would need to determine who would be the representative payee. As an alternative to either of you, you can ask the SSA to assign a third party that both of you trust as a representative payee.
Iam 51years old am i untitled
Iam 51years old am i untitled to my ex husband social security
In reply to Iam 51years old am i untitled by Untina Washington (not verified)
Hi Untina,
Hi Untina,
You would be eligible for benefits if you 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 my wife is on ssdi she
Hi my wife is on ssdi she gets 500 a month if we divorce will she get an increase?we have been married for 18 years.thank you.
In reply to Hi my wife is on ssdi she by Pat (not verified)
Hi Pat,
Hi Pat,
I couldn't say if she would get an increase as I'm not sure she would be eligible for benefits based off of your account. If she fits the criteria in the article, she may.
I've been married for 9
I've been married for 9 and a half years and have a 5 year old son. My ex has applied for ssdi and hasn't been approved yet. Once he begins getting payments, will I be able to get a portion of it for child support and alimony?
In reply to I've been married for 9 by Anna (not verified)
Hi Anna,
Hi Anna,
I wouldn't be able to say if it would count toward alimony and child support, however you may be eligible for "child in care" benefits based off of his work record.
I was married 27 years. We
I was married 27 years. We divorced, I remarried going on 5 years. With first husband I worked on an off plus raising our 3 kids. Filed for ssdi.i am 51 yrs of age. My question is if I don't have enough work credits what will happen?
In reply to I was married 27 years. We by Missy (not verified)
Hi Missy,
Hi Missy,
If you don't have the requisite work credits, you may be able to qualify for SSI benefits. However, you may be eligible for benefits off of your husband's account based off of 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.
I am in the process of a a
I am in the process of a a seperation that will lead to divorce. I receive ssdi on my earnings, have been married 29 years & will ask for spousal support. Will that affect my benefits? I also will be receiving the home I live in either before or upon mother's death. Wil that cause trouble?
In reply to I am in the process of a a by CJB (not verified)
Hi there,
Hi there,
Neither issue may not affect your benefits as SSDI is based on work record rather than income or resources.
I found out 3 years ago have
I found out 3 years ago have a disabled daughter who receives ssi benefits.me and her mom are split up now and I want to get half custody with the mom . Once that's done who receives the ssi payment once there is joint custody ?
In reply to I found out 3 years ago have by Mark (not verified)
Hi Mark,
Hi Mark,
Generally, the custodial parent would become the child's representative payee, however the SSA may also assign a third party to be the child's payee.
My husband is 35 years old
My husband is 35 years old and is collecting SSDI. Our two children also receive benefits (ages 3 & 6) from his disability. We have been married for almost 10 years. The SSDI is our main source of income and I make a couple hundred dollars a month. If we get divorced will I get anything at all from
his SDDI? We are in Illinois if that matters.
In reply to My husband is 35 years old by Anna (not verified)
Hi Anna,
Hi Anna,
You may be eligible for auxiliary benefits based off of his work record until your children become ineligible for benefits.
I'm 43 & I was
I'm 43 & I was wondering if I apply for SSDI , if I would get my ex spouses SSDI, he's 48
In reply to I'm 43 & I was by Anonymous (not verified)
Hi there,
Hi there,
you would be eligible for benefits based off of your ex- spouse if you 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.
I've been married for 19
I've been married for 19 years my wife now wants a divorce, iam on disability. Also she get social security as well plus her retirement. And her mom is leaving her the house. Where do I fit in all this. ...thanks Fernando
In reply to I've been married for 19 by Fernando Estrada (not verified)
Hi Fernando,
Hi Fernando,
If you're receiving disability on your own record, nothing will change. If you're receiving earnings on behalf of your wife, nothing will change SO LONG as you don't get remarried. I hope this helps!
My father (71) is in prison
My father (71) is in prison and will be there for some time, he did nor receive SSI before going to prison. My mom is 68 and is receiving her SSI. I've read at SSI.com that she cannot receive his SSI due to the fact that he did not receive SSI before going into prison. Is this correct? Would she be able to receive his SSI if they were to divorce? Her SSI is $900 monthly, his is $2300 monthly. Thanks for your guidance
In reply to My father (71) is in prison by Paul (not verified)
Hi Paul
My dad passed away in 2008
My dad passed away in 2008 ever since then me and my sister have been getting social security my sister's stopped because she turned 18 and is out of school I am only 16 and I don't see any of this money only my mom by the way my mom and dad were divorced for 8 years before he passed I was just wondering If I could get the money and not her
In reply to My dad passed away in 2008 by Eli (not verified)
Hi Eli,
I was just wondering if I
I was just wondering if I would be eligible for alimony. My soon to be divorced husband of 26 years primary income is from disability he also works part time. I have been a stay at home mom. I have relocated and living with my adult daughter. I recently started working 2 days a week in the bakery union. Once i go full time I will be able to have my own home. In the mean time will he be required to pay alimony?
In reply to I was just wondering if I by Karen (not verified)
Hi Karen,
Hi Karen,
I am not sure if he would be required to pay alimony, as that would be a legal arrangement between you, him, and the courts rather than anything that involves the disability benefits application process.
My ex is receiving ssdi he&
My ex is receiving ssdi he's 63, we were married for 17 years. Before getting ill he had already worked 35+ years.
Im 63 an still working. will I be able to draw off of his social.
Thank you
In reply to My ex is receiving ssdi he& by carol (not verified)
Hi Karen,
Hi Karen,
You may be able to draw off of his disability benefits, if you are not entitled to a larger amount based off of your own work record.
I am currently dealing with
I am currently dealing with an ex girlfriend that I have to take a DNA test for her daughter. She is on disability as am I and her daughter currently receives a check off of her mother but I was told that if the DNA test proves the daughter is mine that she would draw a check off of me instead of her mother depending on which parent she would draw more off of. Is this true
In reply to I am currently dealing with by henry lee (not verified)
Hi Henry,
Hi Henry,
Your alleged child may be entitled to disability benefits based off of your work record, however it would be in addition to your benefits, rather than taking money out of your monthly benefits for their benefits.
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