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 My ex and I have been by elking (not verified)
Hi Elking,
Hi Elking,
You would have to be declared disabled by the SSA before you qualify for benefits. If your auxiliary benefits from your separated spouse are more than what you would get in benefits from your own SSDI claim, you would be able to get auxiliary benefits based off of your ex's work history.
My friend's sister is
My friend's sister is collecting SS from her deceased ex-husband. She wasn't remarried when she first started collecting it (although they were living together). She has since remarried. Is she still entitled to receive money from SS?
In reply to My friend's sister is by Gobi (not verified)
HI Gobi,
HI Gobi,
Your friend may still be entitled to receive that money, as you can keep receiving survivor's benefits on the deceased spouse's record after you have remarried.
Would I still qualify to
Would I still qualify to receive child support for my children from m my ex-husband separate even if I receive social security disability
In reply to Would I still qualify to by Leticia Rodriguez (not verified)
Hi Leticia,
Hi Leticia,
If you are getting SSDI benefits, and your child support is counted as unearned income, you would not experience any change in benefits
If you are getting SSI benefits, then your ex-husband's child support may be counted as income. In that case your benefits may change.
my ex is collecting full
my ex is collecting full disability insurance we were married 22 years. He is 63 I am 60 . Am I entitle to collect ex spousal benefits. If so at what age can I apply and where and how do I apply?
In reply to my ex is collecting full by Mary (not verified)
Hi Mary,
Hi Mary,
You would have to be older than 62 to apply, and you would need to be unmarried as well. To apply, you can go to www.ssa.gov or you can call the SSA at 1-800-772-1213.
My husband and i are
My husband and i are separated we live separate. Been married for 5 years but togeather for about 20 years. Does he have to divorce me to apply for disability? Does my income affect him applying?
In reply to My husband and i are by Tammy (not verified)
Hi Tammy,
Hi Tammy,
Your ex does not have to divorce you before applying for benefits. If he is on SSDI, his benefits would be determined by his work history, not his marital status. If he is applying for SSI, your income may affect his application as there are limits on income that may apply.
Hi, My husband is receiving
Hi, My husband is receiving ssi. I want to work more hours at my job but every dollar more I make they decrease his ssi payments. I am thinking about divorcing him for financial reasons. We own our home. We want to continue living together for financial reasons. How will this effect his ssi payments? We would each pay half of the mortgage and other household bills. Can you think of any cons to doing this?
In reply to Hi, My husband is receiving by Paula (not verified)
Hi Paula,
Hi Paula,
I wouldn't be able to say exactly what the SSA's response would be because I do not work for them. However, it is possible that you both may still be considered married by the SSA for the purposes of your spouse's SSI benefits. I would contact the SSA directly with this for some more information. Their number is 1-800-772-1213.
Good afternoon, I have a 2
Good afternoon, I have a 2 part question. I filed for disability about a year ago. I am separated. I just received my letter of approval for medical. Waiting for non-medical. Will it effect my disability? Also, a company I worked for, for 15 years bought out my retirement. I took it as a lump sum, for it would be the ONLY way for my daughter to attend college. Will that hurt me?
In reply to Good afternoon, I have a 2 by lynn (not verified)
Hi Lynn,
Hi Lynn,
It would not affect the SSA's determination because SSDI determinations are based off of your work history, not income or resources.
Hi, My husband said he is
Hi, My husband said he is going to divorce me, but is waiting for me to get disability due to my severe injuries. We have been married less than 10 years. We are young, and I will never be able to work again. Why is he waiting for me to get this? Will he get part of it??
In reply to Hi, My husband said he is by so sad (not verified)
Hi So Sad,
Hi So Sad,
I'm sorry to hear about that! Luckily, your husband seems to be wrong. if you were married less than ten years and are both under the age of 62, then he would not qualify for benefits from your record. So no, he would not get part of your benefits.
In reply to Hi So Sad, by Bryan
What if your husband makes no
What if your husband makes no money 37 yrs old could he COllect off my Ssdi payments he's not on social security though
In reply to What if your husband makes no by Tricia (not verified)
Hi Tricia,
Hi Tricia,
He may not be able to claim any disability benefits, however even if he was able to it would not affect the amount of your own check.
Hello, my husband and I been
Hello, my husband and I been married 10 years and about to get a divorce soon. My son is not biology his child, but he help me raise him since he was 1 1/2. He also carried him on his taxes every year up until last year. My son is now 17 and received Ssdi from my husband. When we divorced will my son benefits end?
In reply to Hello, my husband and I been by Lotrice (not verified)
Hi Lotrice,
Hi Lotrice,
SSDI benefits do not depend on the marital status of the parents for a child's benefits, so a divorce will not affect your son's benefits.
I have been divorced for 5
I have been divorced for 5 years. I was married for 15. My ex is in SSDI and I am too. So, I have to wait until I'm 62 to receive a portion of his SSDI? Even though we are both disabled now? He receives much more than I do. My ex married someone after the divorce for one year. He is now divorced again. Thanks
In reply to I have been divorced for 5 by Teri (not verified)
Hi Teri,
Hi Teri,
I'm sorry to say that yes, you would need to meet all the criteria for divorced spouse benefits. However, to give you a sense of what you would be able to get, it would only be half of his monthly benefits, so if you're already getting more than half of what he gets, it may not be worth your while to get benefits under his work record.
My husband is a retired
My husband is a retired combat veteran and receives 100% Disability due to PTSD and TBI as well as Retirement benefits. He recently left our children and I and moved in with his girlfriend. He hasn't filed for divorce yet. Not sure he will, but in the meantime how do I go about getting the benefits that are still due to my children from his income?
In reply to My husband is a retired by Michele (not verified)
Hi Michele,
Hi Michele,
If your husband is getting benefits through the VA, I would contact them for information about benefits for your children. If he's getting them through the SSA, you can start here:
https://www.ssa.gov/forms/ssa-4.html
My husband has been on SS
My husband has been on SS disability since 2008, at age 42. We have 2 girls, 11 & 13, and both they and I get $202 a month from my husband's SS disability. I know why the girls get it, but I'm not exactly sure why I do... maybe because I stayed home to take care of them for the last 13 years and haven't had a job? Anyway, we're divorcing soon, and he says the judge will award him $150 in child support a week, but he won't ask for it if I let him keep my $202 a month. Is that $202 MY money, or his? And can he take it from me when I move out, or do I continue to get it up until we're divorced? I have no job and no way to pay for child support in any case; that $202 would be my only source of income until I get a job.
Thank you so much!
In reply to My husband has been on SS by Amy (not verified)
Hi Amy,
Hi Amy,
That benefit is yours as a spouse of a disabled worker. You eligibility may change when you get divorced, but your husband would not be able to take it from you.
Hi, my son just started
Hi, my son just started receiving ssi for him being disabled and his father is arguing saying he should get half of this to pay for his sons things also for his house. I do not agree for this is based on my income not his and he lives with me and not his father am I right on this ? He would over qualify and he says I should put it in savings for him but I feel
Like it should go to things we use every day such as power bill etc. Am I wrong ?
In reply to Hi, my son just started by Dd (not verified)
Hi Dd,
Hi Dd,
Your son's SSI benefits are his only, and the SSA requires that his representative payee use those benefits for the child. You should use his benefits for his current and future needs (This includes things like utilities.)
In my divorce I am disabled
In my divorce I am disabled permanently with terminal illness. The judge awarded my RX to receive half my disability award money even tho he is on social security retirement of 1225.00 mo and pension of 6235.00 mo. Can they take my award disability money
In reply to In my divorce I am disabled by ziuko (not verified)
Hi Ziuko,
Hi Ziuko,
They cannot take your disability money, the benefits awarded to your ex-spouse are awarded to them in addition to the money that you yourself have been awarded. You should see a check for the full amount of your benefits, and they should see a check for half that amount.
My ex-wife and I live in
My ex-wife and I live in Florida and have 50/50 custody of our children and she receives disability benefits and my three children receive it too. Her benefits and their exceed my income, but she still is fighting me for more an insane amount of child support. What makes me eligible for some of that disability benefit money since I care for them for half the year??
In reply to My ex-wife and I live in by Mike (not verified)
Hi Mike,
Hi Mike,
You may be eligible for benefits based of your ex's work record, I would contact the SSA and give them the details to make sure that you would be eligible. Their number is 1-800-772-1213
Hi, my husband and I are
Hi, my husband and I are getting a divorce he receives disability and my 16 year old receives it because of him but what I am wondering is, I have read about spousal benefits does that apply here for me and if so how does that work and how much would I get? I have been married to him for 20 years and I am 52 and had to take care of him so I never worked outside the home but this year have a online business. thank you!
In reply to Hi, my husband and I are by Kelly (not verified)
Hi Kelly,
Hi Kelly,
Unfortunately, you would need to be 62 or older for benefits, as auxiliary benefits for parents stops when the child turns 16.
My ex spouse receives ssi
My ex spouse receives ssi disability and my daughter 16 receives his benefits am I elgible for any benefits we were married 17 years
In reply to My ex spouse receives ssi by Veronica (not verified)
Hi Veronica,
Hi Veronica,
SSI disability benefits do not include auxiliary benefits, so you would be unable to get any benefits based off of that.
I have been recieving ssd for
I have been recieving ssd for over ten years and I am 60 and my ex wife is 62 can I get any payment from her ssi? or would it be able to recalculate my benefit using her income average? Thanks
In reply to I have been recieving ssd for by Dan (not verified)
Hi Dan,
Hi Dan,
Auxiliary benefits for spouses are not available with SSI benefits.
My ex husband is applying for
My ex husband is applying for SSI. He remarried 20yrs ago. Does he need my dob & ss number to file? We were married 16yrs. Thank you.
In reply to My ex husband is applying for by B. (not verified)
Hi there,
Hi there,
Since your husband was on SSI, you will not be entitled to any spousal benefits.
If im 46 and filing for SSD
If im 46 and filing for SSD will I be able to collect from me ex. We were married 11 years.
In reply to If im 46 and filing for SSD by April (not verified)
Hi April,
Hi April,
You will not because you are not over the age of 50. Once you're 50, you could be eligible for a portion of his SSDI benefits or retirement benefits. Until then, you will need to collect under your own account.
My ex husband gets va
My ex husband gets va disability, he was in the military for 14 years. Does my children qualify for ssi based on his disability?
In reply to My ex husband gets va by Elizabeth (not verified)
Hi Elizabeth,
Hi Elizabeth,
I am afraid that we will not be able to answer this question, as we only handle Social Security disability benefits, not veteran's benefits.
Can a non-working stepparent
Can a non-working stepparent of a minor stepchild receive portion of her stepmom's disability? Both natural parents make enough money to support child, however the child by divorce doc. is the dependent of the natural mother and the natural father has the older child as dependent, all expenses are shared and stepmom does not, to my knowledge, contribute to the child's care except for what she gives or buys. Also, since divorce splits all care and expenses 50/50, would the income of both natural parents be considered in the disability application to add child onto the stepparent's disability benefits
In reply to Can a non-working stepparent by Becky (not verified)
Hi Becky,
Hi Becky,
Yes, the stepparent could receive a portion of benefits if the following is true:
The couple was married for at least 10 years.
The child is under age 16.
If you are legally separated
If you are legally separated or aren't yet divorced, and where a stay at home mother for most of your life with a job here and there in recent history. And are in need of SSDI but have been denied. Were married for over 30 years and receive some maintenance of 1000.00 until divorce is final what then?
I am currently divorced as of
I am currently divorced as of July 2015. Was married for 12 years. I receive alimony for 4 more years. Trying to apply for SSDI. Will alimony affect this?
In reply to I am currently divorced as of by Nancy (not verified)
Hi Nancy,
Hi Nancy,
Alimony is counted as unearned income by the SSA and may not affect your SSDI payments.
I am 56 receiving SSDI and
I am 56 receiving SSDI and divorced. We were married for 17 years. My ex-husband is 51. At what age does he need to be for me to receive his SSI ?
In reply to I am 56 receiving SSDI and by Lila (not verified)
Hi Lila,
Hi Lila,
If you are on SSDI benefits and your husband does not remarry, he can receive 50% of your SSDI benefits at age 62 assuming he doesn't remarry. But if he is on SSI benefits, he can receive 50% of your SSDI benefits now. You cannot receive any portion of his SSI.
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