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

Sandra (not verified)

Hi my name is Sandra I'm

Hi my name is Sandra I'm still married to but legally separated, I want to divorce my ex but people tell me don't wait because if you divorce your kids won't receive ssi, because he is desable he gets dialysis every 2 day. I really want to get devorced

Fri, 01/13/2017 - 11:21 Permalink
Bryan

In reply to by Sandra (not verified)

Hi Sandra,

Hi Sandra,
If your spouse receives benefits due to disability and your children do as well, they will still be eligible regardless of their parent's marital status.

Thu, 01/19/2017 - 11:08 Permalink
Nancy Harrison (not verified)

I became permanent disabled

I became permanent disabled while I was married and received SSI. He was considered the head of household not me. A short time later he left me and we divorced and in the divorce he was ordered to pay xxx amount of dollars for spousal support for 5 years and he had to pay support for two of our 3 children. Now years later I no longer get spousal support or support for children, they are all grown. Does my benefit amount change because I am now Head of Household?

Tue, 01/17/2017 - 12:49 Permalink
Bryan

In reply to by Nancy Harrison (not verified)

Hi Nancy,

Hi Nancy,
Your benefit amount would not change due to becoming Head of Household.
SSI benefits are income based, and if you have a change in income, that would affect your benefits.

Wed, 01/18/2017 - 12:13 Permalink
Dawn Field (not verified)

I was married for 20 years to

I was married for 20 years to a farmer, so don't have a work record because I worked on the farm. I am now disabled, receive SSDI, can I get his amount ? I'm 52...he's 56

Fri, 01/20/2017 - 07:00 Permalink
Bryan

In reply to by Dawn Field (not verified)

Hi Dawn,

Hi Dawn,
If your ex husband is entitled to benefits on his own work record, you may be able to receive benefits on his account.

Mon, 01/23/2017 - 10:16 Permalink
Patrick Halgren (not verified)

I am a 100percent disabled

I am a 100percent disabled Veteran and I had begun recieving SocialSecurity Disability in 2010; I had recieved $16,000 lump sum into my ex wife's and
my joint bank account while we were married. She took the 16 k and put it into her own personal banking account in which i had gotten only 4k back before the divorce. I am pretty sure that the law states that Social Security Disability is Solely for the individual and that although I was married my ex wife had no rights to the money. If this is the case could I sue her for the Social Security Disabilty money that was taken in 2010? We live in Texas

Tue, 01/24/2017 - 15:00 Permalink
Eric

In reply to by Patrick Halgren (not verified)

Hi Patrick,

Hi Patrick,

I am so sorry to hear that. I would recommend talking to an disability rights advocate or a Social Security disability attorney who will be more knowledge in that area of law.

Best Wishes,
Eric

Tue, 01/24/2017 - 16:38 Permalink
Paperwork (not verified)

I was the pay for my husband&

I was the pay for my husband's Social Security disability and now that we are divorced after being married 10 years he has changed the payee to his father and in the divorce decree it says I get 50% of his disability check. how do I apply for that are ages are 44 and 45

Tue, 01/24/2017 - 16:44 Permalink
Bryan

In reply to by Paperwork (not verified)

Hi there,

Hi there,
You may need to contact the SSA as you may be eligible for benefits based off of your ex spouse's work record. However, I really cannot comment on the stipulations of your divorce decree, as that 50% may come from a different source than applying for benefits based off his work record.

Wed, 01/25/2017 - 17:25 Permalink
Trouble in idaho. (not verified)

I have a daughter who is

I have a daughter who is getting a divorce and they have a son who has had several heart surgeries. He's been on ssi. What I need to know is if she has my grandson will she still get his ssi? Or will he lose it?

Thu, 01/26/2017 - 17:11 Permalink
Bryan

In reply to by Trouble in idaho. (not verified)

Hi there,

Hi there,
Unless your grandchild's health or financial situation changes, he may still be eligible for benefits.

Tue, 01/31/2017 - 14:26 Permalink
Deb (not verified)

We have been married for 40

We have been married for 40 years but have been living apart for the last 5 years. My husband collects SSDI plus his retirement. He is 65 I am also 65. I get half of his retirement and my own SS. When we divorce will I receive any part of his SSDI? Will his SSDI payments change?

Sat, 01/28/2017 - 11:24 Permalink
Bryan

In reply to by Deb (not verified)

Hi Deb,

Hi Deb,
If you are otherwise eligible, you would receive benefits based on your record or his, depending on which benefit would be a higher amount.

Thu, 02/02/2017 - 13:04 Permalink
Cheryl (not verified)

My husband retired early,

My husband retired early, prior to our marriage, from the Government and receives SSI with his early retirement amount until he reaches full retirement age. His ex was awarded half his retirement....should this include half of the SSI as well?

Sat, 01/28/2017 - 19:31 Permalink
Bryan

In reply to by Cheryl (not verified)

Hi Cheryl,

Hi Cheryl,
This may not include the SSI benefits as that program does not offer auxiliary benefits for spouses, dependents, or ex-spouses.

Tue, 01/31/2017 - 14:27 Permalink
Mlang (not verified)

My wife and I are seriously

My wife and I are seriously considering dissolution or divorce under mutually non-combative terms.
She receives SSD and Medicare. I receive SS and VA disability. Neither would be able to afford our Condo single. Selling would net us approximately 44.000.
After we divide the equity would i still be liable for alimony payments.
I am 64 and she is 56.

Mon, 01/30/2017 - 00:33 Permalink
Eric

In reply to by Mlang (not verified)

Hi Miang,

Hi Miang,

I am so sorry to hear that, wishing you and your wife the best during this difficult time.

Best Regards,
Eric

Mon, 01/30/2017 - 16:59 Permalink
Mlang (not verified)

Another question. We are

Another question. We are planning a not fault divorce. My wife receives SSD based on her earnings - as well as Medicare. I retired at 62. I turn 65 this year. Will my wife (56) be able to get payments based on my work history? We have been married 10 years
I also intend to provide alimony.

Mon, 01/30/2017 - 00:48 Permalink
Bryan

In reply to by Mlang (not verified)

Hi there,

Hi there,
Your wife may be eligible if she would receive a higher payment based on your benefits than she would on her own work record.

Tue, 01/31/2017 - 14:25 Permalink
Darlene (not verified)

My husband and I have been

My husband and I have been married for 32 years so far, live in Colorado, no kids, he receives a little over 1100 a month in SSDI, I was approved for SSI BUT we were told that he gets too much ( a grand total of $9 over) and that I can't get SSI. The hell???? What states should we look into that his SSDI would not be too much in order for me to be able to get SSI?

Thu, 02/02/2017 - 10:40 Permalink
Bryan

In reply to by Darlene (not verified)

Hi Darlene,

Hi Darlene,
SSI is a federal, nationwide program, so you may not be able to re-locate to obtain SSI eligibility.

Thu, 02/02/2017 - 13:02 Permalink
Eric

In reply to by Darlene (not verified)

Hi Darlene,

Hi Darlene,

I am so sorry to hear that, however where you live does not matter for SSDI benefits. You will receive the same monthly payment for this type of benefit regardless what state you live in or move to.

Best Wishes,
Eric

Thu, 02/02/2017 - 16:07 Permalink
Kathy (not verified)

I receive SSDI. My husband

I receive SSDI. My husband is divorcing me after 25 years of marriage. He is healthy and makes a lot of money. He says he does not have to pay me alimony because I will lose my disability payment.

I sat alimony us unearned income and it will not affect my SSDI.

Am I correct?

Sat, 02/04/2017 - 14:27 Permalink
Bryan

In reply to by Kathy (not verified)

Hi Kathy,

Hi Kathy,
Divorce laws vary by state so I really could not say what you would be entitled after a divorce.

Mon, 02/06/2017 - 09:26 Permalink
Haim (not verified)

I am 50 and received SSDI

I am 50 and received SSDI last ten years if I would move to Europe would I loose my disability payment?

Sun, 02/05/2017 - 01:51 Permalink
David (not verified)

My wife of 23 yrs left my

My wife of 23 yrs left my daughter and I.she is twelve I am 45. My wife gets ssdi my daughter receiving money from her mom's said. We are separated we agreed to 50/50 custody yet my daughter is living with me.how do I get payments switched so the money comes to a account under my daughter and i for my daughter.

Sun, 02/05/2017 - 07:56 Permalink
Bryan

In reply to by David (not verified)

Hi David,

Hi David,
You may want to contact the SSA regarding this, you can call them at 1-800-772-1213

Mon, 02/06/2017 - 09:30 Permalink
Bryan

In reply to by David (not verified)

Hi David,

Hi David,
You're very welcome!

Wed, 02/08/2017 - 10:35 Permalink
Jamie (not verified)

My ex-husband of 14 years and

My ex-husband of 14 years and I have 4 children under the age of 18. I was receiving child support but due to his injury, he lost his job and I haven't received anything for 4 months. He is now applying for SSD. Will I be eligible to receive any benefits and/or will child support resume if he is eligible for benefits?

Tue, 02/07/2017 - 14:39 Permalink
Eric

In reply to by Jamie (not verified)

Hi Jamie,

Hi Jamie,
If you weren't receiving a spouse's Social Security benefit, you may be able to start collecting dependent Social Security benefits based on your ex-spouse’s Social Security work record if you meet the following criteria:
you were married to your former spouse for at least ten years
you are at least 62 years old
you are unmarried, and
you are not entitled to a larger benefit under your own Social Security record.

Best Wishes,
Eric

Tue, 02/07/2017 - 16:27 Permalink
Jamie (not verified)

In reply to by Eric

Hi Eric,

Hi Eric,

We were married for 14 years but I'm well below 62 years of age. Neither of us have received any SSD benefits and he will be applying for SSDI. Would I be able to collect for our children since we have joint custody and I used to get child support? If I am or my children are entitled would it affect what he is able to receive? Do I make the claim or does he have to report it? Just trying to be pro-active since I haven't had any assistance for the past several months. Thanks!

Tue, 02/07/2017 - 16:44 Permalink
Eric

In reply to by Jamie (not verified)

Hi Jamie,

Hi Jamie,

Since your children are all under the age of 18, if your ex-husband qualifies and is granted for SSDI then they will be entitled to his benefits.

To apply for benefits for your child, your ex-husband must call the SSA or go into your local field office. You can find your field office on the SSA’s website by entering your zip code into the field locator.

Best Wishes,
Eric

Tue, 02/07/2017 - 16:59 Permalink
Jamie (not verified)

In reply to by Eric

Thanks for your help! Will

Thanks for your help! Will wait to see if he qualifies! Aloha!

Tue, 02/07/2017 - 19:45 Permalink
Elsie (not verified)

In reply to by Eric

Eric, What exactly do you

Eric, What exactly do you mean by "If you weren't receiving a spouse's Social Security benefit"?
And why age "62"? I thought you had to be "67"? (I'm 56)
Also, once you meet the criteria above and are receiving (50%)? of your ex spouse's SSDI, you would lose it if you EVER remarry?

Thu, 02/09/2017 - 21:55 Permalink
Bryan

In reply to by Elsie (not verified)

Hi Elsie,

Hi Elsie,
Eric meant that if you are not receiving a spousal benefit from a current spouse, and if you're eligible for early retirement ( at 62).
Generally if you are eligible for an ex-spouse's social security benefit you may still be eligible for it even after remarriage, under some circumstances.

Mon, 02/13/2017 - 14:51 Permalink
Elsie (not verified)

In reply to by Bryan

I've asked this question

I've asked this question 2 other times and have still not seen a response.
Under what circumstances would you still be eligible for an ex-spouse's social security benefit even after remarriage?And, what would make you eligible for early retirement if you haven't worked outside of the home?

Mon, 03/20/2017 - 22:19 Permalink
Bryan

In reply to by Elsie (not verified)

Hi Elsie,

Hi Elsie,
You would not be eligible for benefits based on your ex-spouse's benefits if you re-marry. Additionally, you would not be eligible for Social Security Retirement benefits if you do not have a work history or if you are not eligible based on someone else's records.

Tue, 03/21/2017 - 11:52 Permalink
Min (not verified)

I was curious, I am divorced

I was curious, I am divorced and have primary custody of my four children, their dad is going to start drawing disability, does he get to claim the benefit for them or do I ?

Wed, 02/08/2017 - 19:38 Permalink
Bryan

In reply to by Min (not verified)

Hi Min,

Hi Min,
Generally the custodial parent becomes the payee for any auxiliary benefits that the children are entitled to.

Mon, 02/13/2017 - 14:53 Permalink
Connie (not verified)

I am 55 years old draw Social

I am 55 years old draw Social Security Disability I have been married for 26 years I am planning on getting a divorce will my check go up

Thu, 02/09/2017 - 14:54 Permalink
Bryan

In reply to by Connie (not verified)

Hi Connie,

Hi Connie,
If you're receiving SSDI benefits, then your benefits would not change due to marital status.

Mon, 02/13/2017 - 14:54 Permalink
Elsie (not verified)

My husband and I have been

My husband and I have been married for 27 yrs. He began receiving SSDI 2 years ago. I never worked outside the home since we married but raised our 4 children and have had a lot of medical problems and don't qualify for SSDI because of that. He wants a divorce. If I do not remarry, you say I can get a portion of his SSDI when I'm 62? I thought I had to wait till I'm 67?

Thu, 02/09/2017 - 20:17 Permalink
Bryan

In reply to by Elsie (not verified)

Hi Elsie,

Hi Elsie,
You may be eligible for benefits based off of your ex-spouse's benefits at age 62.

Mon, 02/13/2017 - 14:54 Permalink
Elsie (not verified)

In reply to by Bryan

But at a reduced rate of 8% a

But at a reduced rate of 8% a year until age 67 though , right??
And unmarried?

Thu, 02/16/2017 - 01:35 Permalink
Bryan

In reply to by Elsie (not verified)

Hi Elsie,

Hi Elsie,
There may be no penalty for people receiving benefits based off of their spouse's work record.

Thu, 02/16/2017 - 10:27 Permalink

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