How Will Marriage Affect My Disability Benefits?

Submitted by Daniel on

Last week, we wrote a blog post answering a question that was sent to us through Facebook. We received some great feedback and readers have suggested that they’d like us to make this a regular thing. Please feel free to let us know your thoughts in the comment section below. Tell us what questions you’d like us to answer next week! Today’s question is:

Question: How will marriage affect my disability benefits?

Getting married may affect your disability benefits in a variety of ways. This is largely dependent on what type of benefits you receive—Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI).

If you receive SSI benefits, you likely already know that eligibility is determined based on your income and financial resources. Once you get married, the SSA will “deem” a portion of your spouse’s income to your record. Essentially, this means that they will consider your future husband or wife’s income to be your income as well. This may significantly reduce your monthly payment or even cause the SSA to terminate your benefits altogether.

It is important to note that, if you live with your significant other but are not yet married, the SSA may still decide to deem some of your partner’s income to your record.

If you receive SSDI on your own earnings record, getting married will have no impact on your benefits—no matter how much money your future spouse earns. If you receive SSDI based on someone else’s earnings record, your benefits could be affected in the following ways:

  • If you receive SSDI benefits under an eligible parent’s record, getting married will cause your benefits to be terminated. The only time benefits will not be terminated in this circumstance is if you are marrying another disabled adult child.
  • If you are currently receiving SSDI benefits on the work record of an ex-spouse, your benefits will be terminated if you remarry. This also applies to individuals who receive SSDI on the record of a deceased ex-spouse who remarry before age 50 if disabled, and before age 60 if not disabled.

Before you make any decisions regarding marriage or disability benefits, you should always consult with an SSA representative. That way, you can avoid unknowingly compromising your benefits. Please feel free to leave additional questions or comments in the section below and we will try our best to answer each of your questions.

Submitted By: Molly Clarke

Blog comments

Jackie (not verified)

Im 57 and have been on Ssdi

Im 57 and have been on Ssdi for several years and get $1,694 monthly . Being a widow , when I turned 50 , I starting receiving an extra check ($150) from my husband that had passed . My boyfriend is 63 and trying to keep working but he is so sick and should have been on SSDI years ago. If he receives SSDI , can I claim under him because it would be more money? Or do I just leave it the way it is. And what about the turning 60 factor? Could you explain. Don't want to be greedy but life is so expensive these days. Thank you so much

Wed, 10/11/2017 - 00:51 Permalink
Bryan

In reply to by Jackie (not verified)

Hi Jackie,

Hi Jackie,
You may be able to do so if the benefit that you receive based on his work record is higher than what you would receive on your own.

Wed, 10/11/2017 - 13:54 Permalink
Terri D (not verified)

My husband just was approved

My husband just was approved for SSDI, he is 62 and will draw full retirement disability due to an accident left him disabled at the time he retired. I'm 60, but have many disabilities both mental and physically cal. Can I draw from him, earlier than 62? Are there any exceptions. I'm just a housewife. Our children are grown.

Wed, 10/11/2017 - 09:14 Permalink
Eric

In reply to by Terri D (not verified)

Hi Terri,

Hi Terri,

You may be able to, but that might change once his SSDI converts to SSI when he hits full retirement age.

Wed, 10/11/2017 - 09:17 Permalink
Debra (not verified)

hello, I married someone who

hello, I married someone who received ssdi, he has sickle cell anemia. 4 years out of the five years we have been married, we lived in two separate homes. He lived with his mother and I have always maintained having my own place. For one year 1/12-5/13/13 we live in his mother two bedrm apt, as I gave up my apartment because he thought it was the best way for us to save money. Fast forward. He kicked me out of his mothers house in 5/2013, so eventually, I went to live with a friend until I found another place to live. Long story short, we decided to live together 11/2016 up until now. He severed me with divorce papers on 8/31. He said because he gets disability, I will have to pay him. He is asking for $1000.00 a month, 50% of my pension and 25% stock, which I no longer have. Is this person entitled to get money from me? I've worked all my life and after all the emotional abuse I've suffered from being with this person, why do I have to pay him? He said the judge would not care about my cries of abuse, the judge is only concerned about the money. Please help. I've never claimed my this man on my tax returns.

Thu, 10/12/2017 - 12:37 Permalink
Bryan

In reply to by Debra (not verified)

Hi Debra,

Hi Debra,
You may want to consult your state's divorce laws, we are not experts in divorce law and as such we would not have this information.

Mon, 10/16/2017 - 09:59 Permalink
Valerie (not verified)

Hi I was receiving SSDI but I

Hi I was receiving SSDI but I got married and they took it away from me. I'm the one disabled and I'm getting worse can I get it back?

Sun, 10/15/2017 - 03:18 Permalink
Eric

In reply to by Valerie (not verified)

Hi Valerie,

Hi Valerie,

Yes, you may be able to. You may want to speak to a Social Security attorney or advocate regarding that.

Mon, 10/16/2017 - 09:11 Permalink
charlotte (not verified)

Is there a way I could find

Is there a way I could find out if my husband left out certain information concerning our children and myself, to keep from sharing his benefits with us. Does he get less if he's married and has children? If so is there anything I could do about it after about 13 years?

Mon, 10/16/2017 - 10:31 Permalink
Tara (not verified)

I currently receive SSDI and

I currently receive SSDI and my husband also receives SSDI. We have been married 1 1/2 years. Can I change to spousal benefits to increase my income? If we get divorced in the future, how will that affect my spousal benefits if I were to receive them.

Mon, 10/16/2017 - 16:55 Permalink
Bryan

In reply to by Tara (not verified)

Hi there,

Hi there,
Under certain circumstances, you can, and you may want to contact the SSA regarding this, you can reach them at 1-800-772-1213.

Fri, 10/20/2017 - 09:25 Permalink
Jewels (not verified)

I am a representative payee

I am a representative payee for my disabled son who receives SSDI. If I get married, will that affect his SSDI payments?

Wed, 10/18/2017 - 12:22 Permalink
jane perez (not verified)

If me and my boyfriend move

If me and my boyfriend move in together,well it effect his disability check and my kids checks?My kids recieve ssi and death benifits from there dad.I recieve 1,018 and my boyfriend recieves 784.

Thu, 10/19/2017 - 23:19 Permalink
Bryan

In reply to by jane perez (not verified)

Hi Jane,

Hi Jane,
That may affect benefits as the SSA determines benefits based on income and what you spend on housing, utilities, ect.

Fri, 10/20/2017 - 09:26 Permalink
Bree (not verified)

My daughter receives SSI for

My daughter receives SSI for her disability. I just want to know if I were to get married. Would that affect her SSI. Even tho he is not her biological father?

Fri, 10/20/2017 - 02:17 Permalink
Bryan

In reply to by Bree (not verified)

HI Bree,

HI Bree,
It would as the SSA determines eligibility based on household income for married couples.

Fri, 10/20/2017 - 09:27 Permalink
Jacklyn Lucas (not verified)

I'm 65 on ssd for the

I'm 65 on ssd for the last 12 years, if I remarry will I loose my benefits. Monthly income under $1000.00.

Fri, 10/20/2017 - 16:35 Permalink
Eric

In reply to by Jacklyn Lucas (not verified)

Hi Jacklyn,

Hi Jacklyn,

If you are on SSD then getting married will not affect your benefits.

Mon, 10/23/2017 - 08:52 Permalink
Anonymous (not verified)

When two people who are on

When two people who are on social security get married she is 53yrs old and getting benefits from her deceased father she also is visually impared.He get disability and has a trust fund besides he is 56 and this is their first marriage do they both able to keep all their benefits?

Mon, 10/23/2017 - 05:26 Permalink
Bryan

In reply to by Anonymous (not verified)

Hi there,

Hi there,
They may not be able to do so as the SSA will end disabled child benefits for those who marry, but there are certain exceptions, so you may want to contact the SSA regarding this.

Wed, 10/25/2017 - 09:33 Permalink
Sandra (not verified)

I am getting 507$ a month in

I am getting 507$ a month in SSI my new husband only makes 300$a week how much will they be taking out of my SSI check

Mon, 10/23/2017 - 18:38 Permalink
Eric

In reply to by Sandra (not verified)

Hi Sandra,

Hi Sandra,

I can't say for sure, but your rate will go from an individual to a couples' rate.

Tue, 10/24/2017 - 09:12 Permalink
Laura (not verified)

I get ssdi from my dad and my

I get ssdi from my dad and my fiance is on ssdi. If we get married will we lose our benefits?

Tue, 10/24/2017 - 09:13 Permalink
Bryan

In reply to by Laura (not verified)

Hi Laura,

Hi Laura,
You may lose your benefits. You may want to contact the SSA regarding this as they can give you detailed information about your specific case.

Wed, 10/25/2017 - 09:39 Permalink
Anonymous (not verified)

I get ssdi from my dad and my

I get ssdi from my dad and my boyfriend is also getting ssdi. His ssdi is in his moms name because he had cancer and couldn't take care of himself. I don't know if he gets the benefits from his mom, like I do my dad, or if its based of off his income. It's in his mom's name though as I mentioned. She's on the account and her name is on his ssdi debit card. My question is if we get married would we lose our benefits?

Tue, 10/24/2017 - 11:26 Permalink
Bryan

In reply to by Anonymous (not verified)

Hi there,

Hi there,
You may want to contact the SSA regarding this as you may become ineligible for benefits, but they can give you information specific to your case.

Wed, 10/25/2017 - 09:51 Permalink
Just wondering (not verified)

I am looking to apply for

I am looking to apply for benefits on behalf of my child Bc I can not work due to his illness but I am married but my child is not biologically my husbands will I get denied

Tue, 10/24/2017 - 18:16 Permalink
Trisha (not verified)

I recive social security

I recive social security disability if I get remarried do I loose my benefits all together I’m only 31

Tue, 10/24/2017 - 20:41 Permalink
Manuel Soria (not verified)

I want to know if I get marry

I want to know if I get marry will it affect my SSI

Wed, 10/25/2017 - 09:16 Permalink
Bryan

In reply to by Manuel Soria (not verified)

Hi Manuel,

Hi Manuel,
It would as the SSA uses household income to determine benefits for married SSI recipients.

Wed, 10/25/2017 - 10:06 Permalink
Anonymous (not verified)

I'm about to get married

I'm about to get married i receive disability benefits at the age of 18 under my dad.. I'm still physically disabled and receive SSID. Once I marry can they take my disability away?

Thu, 10/26/2017 - 01:07 Permalink
Kelly Barnard (not verified)

Hi I divorced my husband of

Hi I divorced my husband of 23 years. I applied and was approved for SSDI in 2007 based on my employment record. I am now back with my ex husband and living with him. If we remarry how will my money and medical benefits be affected. I am 52 years old.

Thu, 10/26/2017 - 12:04 Permalink
April (not verified)

I am considering divorce due

I am considering divorce due to tax reasons. I am disabled and collect on my own record, my spouse is working and our combined income is over $60k. I was told that 85% of my disability would be taxable. Is it wise to divorce in order to avoid this tax issue. We have been married for 21 years. My spouse is 58 and I am 54. Will this have a negative impact on our retirement with regards to regular social security? My spouse plans to retire at 62. Please advise, thanks!

Thu, 10/26/2017 - 12:13 Permalink
Bryan

In reply to by April (not verified)

HI April,

HI April,
I really could not say if it would or would not be a viable idea to divorce your husband. Generally divorce has its own expenses associated with it, so you would have to weigh your tax liability against the cost of divorce.

Tue, 10/31/2017 - 09:15 Permalink
Jenny (not verified)

If I've been married to

If I've been married to my husband for over 10 years and he is on disability, can I draw off of him. I'm 57 and they say that I have not worked in the past 5 years and that I can't draw anything on myself. I'm a little confused!

Wed, 11/01/2017 - 16:06 Permalink
patricia seymour (not verified)

I am on SSDI and ssi and want

I am on SSDI and ssi and want to get married to someone who has a pension from Honeywell and SSDI will I receive his SSDI? I am also Native American in Minnesota and my native husband is white does this matter. Can a Native get a white husbands social security?

Wed, 11/01/2017 - 18:03 Permalink
Eric

In reply to by patricia seymour (not verified)

Hi Patricia,

Hi Patricia,

You should be able to! However, I'd recommend speaking with a SSA representative with any questions you may have.

Thu, 11/02/2017 - 09:15 Permalink
John (not verified)

I am on SSDI and am 63. My

I am on SSDI and am 63. My fiancé is 60 and receives SSI for disability. I also work part time. How will her benefit be effected and can she draw more by drawing off my SSDI.

Fri, 11/03/2017 - 13:15 Permalink
Deanna

In reply to by John (not verified)

Hi John,

Hi John,
Tough question there--If you get married and you're working part time, it's likely the SSA will reduce her SSI benefits to adjust for her additional income. She'd likely make far more money by switching to 50% of your SSDI payments.

Mon, 11/06/2017 - 11:11 Permalink
Millie (not verified)

I am dating a disabled man

I am dating a disabled man who is on SSDI through a deceased parent. If he marries, I understand he will lose his SSDI, correct? Can he reapply for it? How does that work?

Wed, 11/08/2017 - 17:00 Permalink
Bryan

In reply to by Millie (not verified)

Hi Millie,

Hi Millie,
He may lose his benefits after marriage, and unfortunately, he may not be eligible to re-apply for them.

Fri, 11/10/2017 - 12:57 Permalink
Justine (not verified)

I am awaiting the judges

I am awaiting the judges decision to see if I am approved for disability.. Should know by December or January. I am also engaged to marry my boyfriend of 1 1/2 yrs, who is not yet a citizen..if I marry before the judge gives her decision will it effect my case & will marring a non-citizen hurt my case & my benefits if I am approved for disability?

Thu, 11/09/2017 - 01:30 Permalink
Bryan

In reply to by Justine (not verified)

Hi Justine,

Hi Justine,
It may not hurt your case if you're applying for benefits based off of your work record. If you're applying for SSI benefits based on your income, marriage may affect eligibility.

Fri, 11/10/2017 - 13:05 Permalink
Tiny (not verified)

I just got my ssd am 56 just

I just got my ssd am 56 just got married is it gonna mess up my money i get now

Thu, 11/09/2017 - 16:51 Permalink

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