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

Amanda (not verified)

My soon to be ex husband and

My soon to be ex husband and I are common law married in Colorado. He get social security disability. He left to go back to Idaho. We have a 2 year old daughter who is living with me is our daughter eligible to get children's social security benefits??

Mon, 05/22/2017 - 01:50 Permalink
Colette (not verified)

I am currently disabled and

I am currently disabled and paid through employer for past year, however, the doctors might permanently disable me soon. I will have to resign,lose health and life insurance. Spouse does not make enough to support the family. I have been paid half of income on short term. Is divorce better option? So I'm not a burden and could receive more alone?
Our son is 17 and I'm trying to do what would be best for all. We will lose home. How long for SSI to start, which had been suggested, I am 58.

Mon, 05/22/2017 - 13:43 Permalink
Jim (not verified)

I have been approved for sdi

I have been approved for sdi.i am not living with my wife now. I got a letter that my children may be able to rec benifits.if I apply for benefits would I rec or their mom we are still married. But I'm afraid she will use the money to move out of state.

Tue, 05/23/2017 - 17:26 Permalink
Eric

In reply to by Jim (not verified)

Hi Jim,

Hi Jim,

You don't want your wife to collect SSD benefits off of you, you don't have to put her on.

Best of Luck,
Eric

Fri, 05/26/2017 - 14:03 Permalink
Kevin (not verified)

Hello my sister has been

Hello my sister has been disabled her entire life, my parents were receiving money for her disability. Now she is 27 and my parents are divorced. My mother thinks that my sisters benefits will be reduced if my father remarry's. They were married for 30 years. Will my sisters benefits be affected?

Thu, 05/25/2017 - 20:28 Permalink
Eric

In reply to by Kevin (not verified)

Hi Kevin,

Hi Kevin,

If your father is on SSDI benefits, then him getting married would not affect your sister's benefits.

Best,
Eric

Fri, 05/26/2017 - 14:02 Permalink
kevin (not verified)

In reply to by Eric

Well my father is just on

Well my father is just on Social Security for retirement not SSDI. Would that affect it?

Sun, 05/28/2017 - 11:16 Permalink
Bryan

In reply to by kevin (not verified)

Hi Kevin,

Hi Kevin,
Remarriage would not change her benefits as her benefits are based on his work record.

Tue, 05/30/2017 - 16:44 Permalink
Brad (not verified)

I'm just asking a

I'm just asking a question if I'm married and want adevorce will that affect my check every month I'm disabled

Tue, 05/30/2017 - 07:06 Permalink
Bryan

In reply to by Brad (not verified)

Hi Brad,

Hi Brad,
If you're getting SSI benefits, then that may affect your benefits amount.

Tue, 05/30/2017 - 16:45 Permalink
La Paloma (not verified)

I think I receive too much

I think I receive too much SSDI to qualify for ex's SSA retirement.

I was married from 1975-1987. I began receiving SSDI in 2003. I am now 62 and receive $1551/mo. SSDI.

My ex just retired at 69. He receives the max SSA, which I understand is slightly less than $2800/mo. It is my further understanding that I could claim half of his SS retirement, <$1400/mo, or mine, $1551, whichever is greater. Obviously mine is more. Am I understanding this correctly?

Thu, 06/01/2017 - 03:38 Permalink
Eric

In reply to by La Paloma (not verified)

Hello,

Hello,

You could claim your ex's SSI retirement. Since you are on SSDI though you might not be able to claim a lot from it though.

Best Wishes,
Eric

Thu, 06/01/2017 - 09:30 Permalink
Terry (not verified)

I'm planning on

I'm planning on divorcing next year and I collect 980.00 SSDI for myself. I've been disabled and collecting my disability for 6 years. I've been married for 39 years. Will this effect what my husband will have to pay me in spousal support?

Thu, 06/01/2017 - 13:20 Permalink
Sally r (not verified)

I was wondering I get

I was wondering I get disability for my 3 year old daughter. I am her payee they go by husbands income for her monthly checks. We are separated now and he is paying $200 a week for child support for her. What do I need to do now? We aren't getting a divorce yet. We have a notorized statement showing he has agreed to pay $200 a week.

Sun, 06/04/2017 - 18:09 Permalink
Brandy (not verified)

I am getting divorced and my

I am getting divorced and my ex husband receives disability. ..he also gets a check for our 3 year old. ..I have full custody of our child until the divorce is final and the father is incarcerate. How can I get my sons check stopped so he isn't using it?

Wed, 06/07/2017 - 19:59 Permalink
Eric

In reply to by Brandy (not verified)

Hi Brandy,

Hi Brandy,

I would recommend speaking to a SSA representative regarding your case. 1-800-772-1213.

Best,
Eric

Thu, 06/08/2017 - 16:14 Permalink
Lostandpraying (not verified)

I am disabled, married ten

I am disabled, married ten years and seeking divorce. We both own mobile home and land, it was paid for several years ago. He is a compulsive cheater. We havent touched each other sexually in 4 years. Is it possible that I can be awarded our home? He has a very good paying job while I get a very small check. He can afford to buy another home. He is very abusive at times and I have been staying in the marriage because ...I am worried that I will not be able to survive off the small amount of SSD that I receive. There are not any children involved. Neither of us have children.

Thu, 06/08/2017 - 20:37 Permalink
Eric

In reply to by Lostandpraying (not verified)

Hello,

Hello,

I am so sorry to hear that. Unfortunately I cannot answer that question, but you might have better luck calling the SSA regarding that:1-800-772-1213

-Eric

Fri, 06/09/2017 - 14:27 Permalink
Amanda G (not verified)

I was recently approved for

I was recently approved for SSI benefits. I haven't started receiving them yet because me n my husband split up and they have to split our SSI application. Have you heard of this? N if you have, any idea how long that may take?

Sun, 06/11/2017 - 22:55 Permalink
Eric

In reply to by Amanda G (not verified)

Hi Amanda,

Hi Amanda,

I am sorry to hear that. I would recommend speaking to a representative from the SSA regarding your matter. 1-800-772-1213.

-Eric

Mon, 06/12/2017 - 16:48 Permalink
a-m (not verified)

ive been on ssdi since 1998

ive been on ssdi since 1998 and im 57. i married two years ago, my husband is 47 and we are filing for ssi/ssdi for my husband next week. will this affect my benefit amount?

Mon, 06/12/2017 - 16:40 Permalink
Mary (not verified)

My ex-husband has been on

My ex-husband has been on disability and gets money for the kids . Now I just won my case am going to be on disability . Will I also be able to claim the kids or can only one parent do it ?

Mon, 06/12/2017 - 19:27 Permalink
Dawn Rhodenbaugh (not verified)

If my children get ss from me

If my children get ss from me bc they are 8 and 10 if father takes for 2 weeks is he entitled since they get bc of me? He thinks so. But he dont pay medical at all.

Thu, 06/15/2017 - 20:55 Permalink
Bryan

In reply to by Dawn Rhodenbaugh (not verified)

Hi Dawn,

Hi Dawn,
Generally you would not be obligated to share those funds with anyone else as they are intended to be used for your children's care and upkeep. However, you may be subject to any agreements you had made with the father as well.

Fri, 06/16/2017 - 09:12 Permalink
Craig (not verified)

I'm waiting to hear if I

I'm waiting to hear if I'm approved for SS disability benefits. My ex-wife has told me she wants none of SS or SS disability funds. What do I need to document this and who do I send it to?

Thu, 06/15/2017 - 22:57 Permalink
liza B (not verified)

Getting a divorce! Am I able

Getting a divorce! Am I able to get any of my husbands disability ? No children under 16. Married for 30 years >

Fri, 06/16/2017 - 10:31 Permalink
Bryan

In reply to by liza B (not verified)

Hi Liza,

Hi Liza,
You may be able to do so under certain circumstances, you may want to contact your local SSA office for more information.

Fri, 06/16/2017 - 14:57 Permalink
Anonymous (not verified)

Both myself and wife have

Both myself and wife have been on ssdi. Shes 55 Im 59. She wants a divorce her money is much less than mine on her own record. Will it go up after divorce or does she have to be 60 years old. Thanks

Sun, 06/18/2017 - 14:23 Permalink
Darcey (not verified)

If my ex husband is finally

If my ex husband is finally going to receive disability and we're in the middle of divorcing am I entitled to any of it?

Sun, 06/18/2017 - 22:07 Permalink
Eric

In reply to by Darcey (not verified)

Hi Darcey,

Hi Darcey,

Once the divorced is finalized you could be eligible if you were married for at least 10 years, be at least 62 years old, be unmarried; and
not be eligible for an equal or higher benefit your own Social Security record, or on someone else's Social Security record.

-Eric

Mon, 06/19/2017 - 09:42 Permalink
Kindra rutkiewicz (not verified)

I was married for thirty

I was married for thirty years I am now 47my husband beat me called me horrible names I had to get a protective order from crisis center he left me for my sister in law can I get ssi the police have pictures a lot of the abuse was reported

Mon, 06/19/2017 - 21:08 Permalink
Eric

In reply to by Kindra rutkiewicz (not verified)

Hi Kindra,

Hi Kindra,

I am very sorry to hear that. You could be eligible for SSI benefits. You would have to schedule an appointment with your local SSA office.

-Eric

Tue, 06/20/2017 - 09:27 Permalink
Lynda (not verified)

I am 62 on disability, my

I am 62 on disability, my divorce over 10 yrs ago and for more than 10 yrs of marriage. He just started receiving social security. What percent can I get at 62 and can I still receive my medicare??

Tue, 06/20/2017 - 13:53 Permalink
Bryan

In reply to by Lynda (not verified)

Hi Lynda,

Hi Lynda,
You may be eligible for benefits at around 50% of your husband's if your disability benefits now are less than that benefit. You may also still be eligible for Medicare as well.

Tue, 06/20/2017 - 14:18 Permalink
Bryan

In reply to by Lynda (not verified)

Hi Lynda,

Hi Lynda,
You may be eligible for benefits at around 50% of your husband's if your disability benefits now are less than that benefit. You may also still be eligible for Medicare as well.

Tue, 06/20/2017 - 14:18 Permalink
Bryan1234 (not verified)

Hello, my name is Bryan. I&

Hello, my name is Bryan. I'm 17, my father receives SSID(he is 63). My question is, my parents, are divorced and I live with my mother, am I eligible for any benefit?

Thu, 06/22/2017 - 21:40 Permalink
Bryan

In reply to by Bryan1234 (not verified)

Hi there,

Hi there,
Generally eligibility for benefits based off of a parent's disability benefits stops at 16. However if you are also disabled you may be eligible for benefits based off of your parent's work record as a disabled adult child.

Fri, 06/23/2017 - 09:30 Permalink
Ck (not verified)

Can both disabled parents who

Can both disabled parents who are divorced and living in separate homes claim ssdi on the same child at the same time?

Fri, 06/23/2017 - 12:58 Permalink
Diane wilson (not verified)

I am receiving disability

I am receiving disability since 2017 and I'm 61 wI'll be 62 In august of 2017 . I was married for 11yrs. And he is deceased can I collect on his social security? ??

Fri, 06/23/2017 - 16:54 Permalink
Dee (not verified)

If I am collecting disability

If I am collecting disability payments and I get divorce will my disability payment amount change

Sat, 07/01/2017 - 16:56 Permalink

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